SALEM — The U.S. Supreme Court on Thursday issued an order permitting the distribution of dangerous abortion pills through the mail amid an ongoing lawsuit by the state of Louisiana against the FDA. The move comes after a federal appellate court issued a unanimous decision earlier this month that – if allowed to take effect – would have blocked mail-order abortion nationwide.
The Supreme Court’s Thursday order – granting “emergency” requests from manufacturers of the abortion pill against the lower court’s May 1 decision – will allow the continued distribution of mifepristone through the mail while a lawsuit brought by the state of Louisiana against the FDA over its rollback of regulations on the drug continues.
Oregon Right to Life Executive Director Lois Anderson responded to the news, calling it a “major disappointment” that will jeopardize women and unborn babies nationwide.
“The order today from the U.S. Supreme Court means that unborn babies – even in states with pro-life laws – will continue to be subjected to lethal violence, and their mothers will continue to face risks of coercion, serious injury, and even death,” Anderson said. “The Supreme Court’s order in favor of the manufacturers of these drugs is a major disappointment. It is a shame that our nation’s highest court chose to protect what Justice Clarence Thomas correctly called in his dissenting opinion a ‘criminal enterprise.’”
“While today’s decision was deeply disappointing, it’s important to point out that this isn’t over yet,” she added. “We look forward to the correct resolution of Louisiana’s lawsuit against the FDA and the restoration of regulations on mifepristone. We also anticipate the FDA’s completed safety review of the abortion drug, which should find what researchers have already determined: that this drug is dangerous, that regulations should be restored, and that its approval should be reconsidered.”
The U.S. Supreme Court’s order comes after the FDA initiated a safety review of mifepristone following a 2025 study finding the adverse reaction rate associated with the drug to be over one in ten (10.93%), twenty-two times the rate currently listed on its official FDA label.
Federal regulations and safeguards on abortion drugs have been severely eroded over the past decade. In 2016, the FDA expanded the timeframe in which mifepristone could be prescribed during pregnancy and removed the requirement to report complications that do not result in death. In 2023, the FDA revised the Risk Evaluation and Mitigation Strategy (REMS) for mifepristone to permit the online prescription of the drug and its distribution through the mail. Pharmacies including Walgreens and CVS were also authorized to dispense the drugs.
Pro-life advocates have long raised the alarm that – in addition to their intended lethality for the unborn – abortion drugs pose serious risks of adverse events.
Without a required ultrasound, women and girls may be incorrectly prescribed abortion pills even if they have a later or ectopic pregnancy, placing them at risk of serious side effects or even death. Meanwhile, online prescription and distribution through the mail further increase the risk that bad actors may obtain the pills to carry out forced abortions.
