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"Mifepristone is safe and effective, and women should be able to get abortion medication through the mail or telehealth if they need," said Sen. Patty Murray.
Defenders of reproductive rights, including key Democrats in Congress, reiterated the safety of mifepristone on Monday after the US Supreme Court temporarily extended access to the medication—commonly used in abortion and miscarriage care—by mail while the justices review a ruling from a notoriously right-wing appellate court.
The US Court of Appeals for the 5th Circuit blocked a federal rule allowing mifepristone to be dispensed by mail at the beginning of the month. Drugmakers quickly appealed to the high court, where Justice Samuel Alito, who is part of the right-wing supermajority, issued a one-week stay to give himself and colleagues time to review the case.
As Alito's initial Monday evening deadline approached, he extended the stay until 5:00 pm ET on Thursday. The move means that "for now, mifepristone is still available via telehealth, mail order, and pharmacy while the case proceeds," noted the Democratic Women's Caucus in the US House of Representatives.
However, pro-choice advocates and policymakers are still sounding the alarm and arguing that, as the caucus put it in a social media post, "reproductive freedom should not depend on emergency rulings or political attacks."
Senate Minority Leader Chuck Schumer (D-NY) said in a statement that "mifepristone has been safe, effective, and trusted for decades. Today's order keeps access in place for now, but it's not cause for celebration—it's a reminder that basic reproductive care is still under attack every day. Anti-abortion extremists are trying to use the courts to roll back access to medication abortion nationwide, and Senate Dems will keep fighting to protect women's freedom to make their own healthcare decisions."
Sen. Patty Murray (D-Wash.) similarly wrote on social media: "Another extension, but this shouldn't be complicated. Mifepristone is safe and effective, and women should be able to get abortion medication through the mail or telehealth if they need. Extremist judges shouldn't get to decide how women get healthcare."
This case traces back to early 2023, when the Biden administration's Food and Drug Administration permanently lifted mifepristone's in-person dispensing requirement, just months after the Supreme Court's right-wing supermajority overturned Roe v. Wade. Louisiana, which has among the most restrictive abortion policies in the country, sued over the FDA's policy change.
Medication abortions account for the majority of abortions provided in the United States, and those patients generally take both mifepristone and another drug, misoprostol. Demand for abortion pills by mail increased after Roe's reversal, as advocates of forced pregnancy policies in Republican-controlled states ramped up attacks on reproductive freedom.
"With the Supreme Court punting a decision on access to mifepristone—a safe, effective medication used in abortion care—until later this week, patients and providers are left facing continued uncertainty," said Rachel Fey, interim co-CEO of Power to Decide. "Wondering day by day whether you'll have access to an essential medication is not practical, and the confusion only deepens the barriers people already face when seeking abortion care."
"Access to mifepristone should be based on scientific evidence, not ideology," Fey declared. "We urge the Supreme Court to follow that science and maintain current telehealth access to mifepristone—not just for a few days at a time, but permanently."
Alito's extensions in recent days are not necessarily signals of where the conservative will ultimately come down. The Associated Press pointed out Monday that "the current dispute is similar to one that reached the court three years ago," when the justices blocked another 5th Circuit ruling "over the dissenting votes of Alito and Justice Clarence Thomas," and then unanimously dismissed that case due to lack of standing, or a legal right to sue.
The battle comes as the Trump administration's FDA is conducting a review of mifepristone that Julia Kaye, senior staff attorney for the ACLU’s Reproductive Freedom Project, has said seems "designed to manufacture an excuse for further restricting medication abortion across the country."
The New York Times noted Monday that US Department of Justice "lawyers have not said in court proceedings or publicly whether they back regulations that allow people to be prescribed the pills through telehealth appointments. Instead, they have asked the lower courts to pause the litigation to give the FDA time to complete a review of the safety of mifepristone, which was first approved in 2000."
"While this is a positive short-term development, no one can rest easy when our ability to get this safe, effective medication for abortion and miscarriage care still hangs in the balance," stressed an ACLU attorney.
The US Supreme Court on Monday temporarily restored access to mifepristone, a medication commonly used for abortion and early miscarriage care, through the mail while the justices review a decision requiring it to be dispensed in person by a medical provider.
Justice Samuel Alito, who is part of the high court's right-wing supermajority, oversees the US Court of Appeals for the 5th Circuit. He issued a one-week stay for the appellate court's Friday dispensing decision, which critics had condemned as "sweeping and dangerous."
"This is not particularly surprising from Alito. He's the circuit justice here, acting—in essence—until the full court can act," explained Law Dork's Chris Geidner. He noted that both Alito and Justice Clarence Thomas, another right-winger, "have issued administrative stays in the past until the full court can rule in similar circumstances, regardless of their ultimate votes on the matters."
The drug companies Danco Laboratories, which makes the brand-name version of mifepristone, Mifeprex, and GenBioPro, which makes the generic pill, asked the country's top court to intervene following Friday's ruling, which threatened patients nationwide.
"Even this Supreme Court can see that this 5th Circuit decision is reckless," declared Alexis McGill Johnson, president and CEO of Planned Parenthood Action Fund, on Monday. "While mifepristone access returns to where it was on Friday morning, the whiplash and chaos that patients and providers are navigating have already had real consequences for real people's lives and futures."
Brittany Fonteno, president and CEO of the National Abortion Federation, similarly highlighted how "this back-and-forth has created confusion and chaos," but welcomed that the high court's "decision provides critical, if temporary, relief for patients and providers and ensures that people can continue to access this essential medication through telehealth while the court considers the case."
"The lower court's ruling disregards the well-established safety and efficacy of the use of mifepristone via telehealth, and any future restriction will create medically unnecessary barriers to care for patients across the country," Fonteno added. "Mifepristone has been safely used for more than 25 years, and is essential to abortion care and miscarriage management in the United States. For many patients, especially those in rural areas or facing financial and logistical barriers, access to telehealth is a critical component of holistic reproductive healthcare."
Since the Supreme Court reversed Roe v. Wade in June 2022, the anti-choice movement and right-wing politicians have ramped up attacks on reproductive freedom at the state level. Meanwhile, the Biden administration's Food and Drug Administration (FDA) permanently lifted mifepristone's in-person dispensing requirement in early 2023, allowing doctors in pro-choice states to serve patients across the country via telehealth and the mail, regardless of local laws.
Louisiana responded to the eased restrictions on mifepristone—which is generally taken with another drug, misoprostol, for abortions—by suing, which led to the battle that has now reached the Supreme Court. Prior to Friday's decision by the infamously far-right 5th Circuit, a district judge in the state paused the case due to what the ACLU on Monday called "a sham FDA review announced by the Trump administration," which is ongoing.
"While this is a positive short-term development, no one can rest easy when our ability to get this safe, effective medication for abortion and miscarriage care still hangs in the balance," Julia Kaye, senior staff attorney for the ACLU's Reproductive Freedom Project, stressed Monday. "The Supreme Court needs to put an end to this baseless attack on our reproductive freedom, once and for all."
This article has been updated with comment from the National Abortion Federation.
If the FDA further restricts access to abortion pills, more people, especially those in marginalized communities, will die.
Next to the abortion pills in my medicine cabinet lies a potentially risky drug: Tylenol. Ironically, while this common pain reliever is widely accepted, safer, life-saving drugs like mifepristone and misoprostol have been under relentless attack by Republican lawmakers.
For decades, these pills, Food and Drug Administration-approved after rigorous testing and proven safe through extensive studies, have been trusted by millions of physicians and pregnant people to treat miscarriages, carry out abortions, or address various medical issues. Yet, the necessity and widespread use of abortion pills seem to elude the wisdom of lawmakers and health secretaries, and highlight a troubling disconnect between the realities faced by patients and the decisions made by lawmakers.
For example, Robert F. Kennedy Jr. recently directed the FDA to review regulations based on a demonstrably flawed study funded by the organization responsible for overturning Roe v. Wade. This study has not undergone peer review or been published in any medical journal, highlighting its misguided methodology and analysis. For instance, it inappropriately cites bleeding and follow-up exams as adverse effects when, in reality, bleeding is an intended effect, and experts recommend follow-up exams.
The science and testimonies are clear: Abortion pills are normal, safe, and necessary.
My abortion saved my life. I am at high risk of death during pregnancy, and my sister, who shares the same medical syndromes, nearly died in childbirth. Mentally, I would have preferred to end my life rather than continue a pregnancy with my then-abusive boyfriend or pass down incurable, painful medical conditions. Emotionally, I could not handle the responsibilities of motherhood. I believe it is the most demanding and beautiful role on Earth, but it must remain a choice.
Every day that the government forces someone to remain pregnant against their will is another day the United States commits a crime against humanity, according to the United Nations. One in four people who can get pregnant will have at least one abortion in their lifetime, with nearly two-thirds of them relying on abortion pills.
I advocate for abortion patients daily and hear their harrowing stories of reproductive and medical distress. For many of them who want to save their life, preserve their liberty, or pursue happiness, abortion pills are their only option, solely due to their address and station in life. For example, consider two women who look down at a positive pregnancy test weeks after being diagnosed with cancer. One is an Oregonian; the other is a Floridian. The Oregonian can access abortion pills or have a D&C within a day or two, well past an unreasoned “heartbeat” law. Meanwhile, the Floridian may have no choice but to rely on abortion pills to protect her life, risking a future where her children could become orphans, as the majority of people who have an abortion are already parents.
If the FDA further restricts access to abortion pills, more people, especially those in marginalized communities, will die. Victims of abuse will be forced to carry pregnancies resulting from incest and rape. More people will drop out of college, and more unwanted children will be born into neglect. These are not mere possibilities; they are certainties based on the experiences of hundreds of thousands of people.
People in blue states may mistakenly believe the FDA’s decision wouldn’t impact their rights, but they would be wrong. Revoking or restricting access to abortion pills would have a ripple effect, overwhelming health centers in blue states with patients from red states. Worse yet, it could eliminate access to abortion pills entirely, effectively reducing abortion resources by 66%. Extremist Republican lawmakers are banking on rolling back our right to abortion pills as a stepping stone to enacting a nationwide abortion ban, followed by the restriction of contraception rights and the falsification or elimination of sex education. This “review” is all part of a plan to control our reproductive rights, finances, health, education, autonomy, and destiny.
Reproductive restrictions for anyone create reproductive restrictions for everyone. The science and testimonies are clear: Abortion pills are normal, safe, and necessary. More than 7 in 10 Americans support access to medication abortion, including half of Republicans.
Just as we should have been more vocal when the Trump administration withdrew from the World Health Organization and defunded cancer research, we must be vigilant about their strategy to roll back reproductive rights. I urge you to share your opinion, call your representatives, and demand that they use their leverage, platform, and influence to speak out and pressure the Department of Health and Human Services to end its misguided review of these safe and vital medications. Together, we can push back against these unjust restrictions and protect the human rights, health, and dignity of the people.