The Supreme Court Thursday granted a stay blocking enforcement of a lower court ruling that would have restricted access to the abortion pill mifepristone by mail.
The Court’s decision allows abortionists to continue prescribing mifepristone through telehealth appointments, and sending it through the mail, while Louisiana’s lawsuit seeking to require the FDA to reinstate the in-person dispensing requirement on mifepristone continues. The agency removed the requirement during the Biden presidency.
Justices Thomas and Alito dissented from the Court’s decision.
In his dissent, Justice Thomas observed that the Comstock Act “bans using ‘the mails’ to ship any ‘drug … for producing abortion.’” This means Danco Labs and GenBioPro, the manufacturers and distributors of mifepristone, which appealed to the Court for a stay, are engaged in illegal activity.
“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise,” Justice Thomas wrote. “They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
Justice Alito pointed out Louisiana’s request for the FDA to reinstate the in-person dispensing requirement is commonsense.
“Louisiana [responded to Dobbs by making] abortion illegal except in narrow circumstances,” Justice Alito wrote. “But Louisiana’s efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana’s and seek to undermine their enforcement.”
“These medical providers and private organizations have developed an operation enabling women in Louisiana and other States that restrict abortions to place an online order for a pill called mifepristone that induces abortion.”
Around 1,000 abortions occur in Louisiana each month as a result, more than occurred before the Dobbs decision, Justice Alito acknowledged.
Alliance Defending Freedom Counsel Erin Hawley issued the following statement after the Court’s ruling:
The case now goes back to the U.S. Court of Appeals for the 5th Circuit to consider the merits of Louisiana’s case. The Daily Citizen will keep you apprised of important developments.
The case is Danco Laboratories v. Louisiana.
At Focus on the Family, we have been working to turn the cultural tide and save mothers and babies from abortion for years. Since beginning the Option Ultrasound Program in 2004, Focus has helped save over half a million lives. Just $60 will help save a life through Option Ultrasound. Will you partner with us to save lives from abortion?
If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.
Related articles and resources:
Dealing With Unplanned Pregnancy
Become an Option Ultrasound Life Advocate
New Insights on the Dangers of the Abortion Pill
Overcoming Abortion and Becoming a Force for Life
Supreme Court Temporarily Restores Access to Mail-Order Abortion Pills
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