One of the manufacturers of the abortion medication mifepristone has petitioned the Supreme Court to intervene after a federal appeals court ruled that the drug cannot be sent through the mail. The case, which could have far-reaching implications for abortion access across the United States, centers on the most commonly used method for medication abortion.
NBC's Valerie Castro reported on the development for Sunday TODAY, noting that the company is seeking to overturn the appellate decision that effectively blocks the distribution of mifepristone by mail or courier services. The Supreme Court's decision on whether to hear the case could set a major precedent for telemedicine abortion and pharmacy access.
The appeals court ruling, issued last month, reinstated FDA restrictions that require the drug to be dispensed in person at a clinic or hospital, reversing a pandemic-era policy that had allowed remote prescribing and mail delivery. The pharmaceutical company argues that the lower court's decision oversteps judicial authority and conflicts with the FDA's scientific judgment on the drug's safety.
Proponents of the mail-order option say it expands access for women in rural areas and states with strict abortion laws. Opponents argue that in-person requirements protect patient health. The Supreme Court has not yet indicated whether it will take up the case, but the petition adds another high-profile abortion-related dispute to the docket following the 2022 overturning of Roe v. Wade.