The Supreme Court rejected a Republican-backed challenge to FDA approval of mifepristone, the most common abortion pill used in the United States. The ruling preserves access to the drug through telehealth, allowing patients to obtain the medication by prescription online or by phone without visiting a clinic in person.
The decision came in a case brought by anti-abortion groups and Republican-led states that sought to restrict or ban mifepristone entirely. They argued the FDA had improperly approved the drug and that its expanded access through telehealth violated federal law. The Court's rejection of these arguments represents a significant win for abortion rights advocates and preserves a pathway to abortion services that became central to the fight over reproductive access following the 2022 decision overturning Roe v. Wade.
Mifepristone accounts for the majority of abortions performed in America. The drug works by blocking progesterone, which is necessary to maintain pregnancy. It became available through mail delivery in 2023 after the FDA expanded access rules during the pandemic, a change Republican legislators have repeatedly tried to reverse through legislation.
The ruling maintains the status quo that has prevailed since the Biden administration took office. The FDA's 2016 decision to expand access to mifepristone, combined with Biden-era regulatory changes, created what opponents view as an unregulated abortion market. The Supreme Court's action stops legal efforts to dismantle that system.
The decision underscores the Court's current majority position on abortion following the reversal of Roe. Rather than imposing a national ban, the ruling allows states to set their own restrictions. This outcome reflects a Court willing to uphold FDA authority on drug approval even when the substance remains deeply polarizing in American politics.