The Supreme Court extended a pause that blocked the mail-order of Mifepristone, an abortion drug, “stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought.”
The majority did not provide an explanation.
Justices Clarence Thomas and Samuel Alito penned dissents.
SCOTUS issued a temporary pause on May 4, a few days after the 5th Circuit blocked telehealth and mail-order access nationwide while the lawsuit was pending.
In 2023, President Joe Biden’s FDA removed the in-person requirement to receive Mifepristone, allowing doctors to prescribe it via telehealth/online and delivered by mail.
Notice the date? Yes, the decision came after SCOTUS overturned Roe v. Wade.
Louisiana sued, claiming that the FDA based its decision on “flawed or nonexistent data” and that it harmed the state’s sovereignty.
Louisiana prohibits abortions except to save the life of the mother, medically futile pregnancies, or ectopic pregnancies.
In other words, the FDA’s decision violates Louisiana’s law.
Thomas mentioned the Comstock Act from 1873, which bans mailing or shipping contraceptives and any devices or medications that cause an abortion.
“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise,” wrote Thomas. “They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
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