The U.S. Supreme Court has ruled that at least for now, dangerous and deadly chemicals used for abortion can continue to be mailed across state lines into states that otherwise restrict the abortion industry.
Carol Tobias, chief of National Right to Life, called it a “deeply troubling” result.
“Woman facing unexpected pregnancies deserve real medical care and support, not a one-size-fits-all mail-order abortion system that minimizes risks and leaves women isolated during medical emergencies,” she said.
Joe Biden had ordered the expansion of the use of the drug, mifepristone, through telehealth procedures, meaning a woman never needs to be evaluated by a physician before an abortion business prescribes the deadly drug.
Louisiana and other states have been in court to argue the practice is dangerous, and while the 5th U.S. Circuit Court of Appeals blocked those mailings, the Supreme Court said they could continue.
“When abortion drugs can be ordered online with minimal medical oversight and shipped directly to homes, women become more vulnerable to coercion, manipulation, and exploitation,” Tobias said. “There have already been disturbing reports of abusive partners obtaining abortion drugs and administering them to women without their knowledge or consent. A regulatory system with weaker safeguards makes these crimes easier to commit and harder to prevent.”
Justices Clarence Thomas and Samuel Alito dissented from the order allowing the distribution of the drug, which was demanded by the abortion industry.
Thomas wrote, “as Louisiana argued below, it is a criminal offense to ship mifepristone for use in abortions…Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise. They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
Alito noted “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.”
Family Research Council president Tony Perkins, a former Louisiana state representative, said, “The Court’s action today perpetuates the Biden-era murder by mail policy that undermines the right of states to protect life and endangers women. This policy, left in place by the Trump FDA has driven an estimated 21% increase in abortion.
“The fight for life will not stop, and I am confident the state of Louisiana will not back down from their responsibility to uphold their duly enacted laws protecting the unborn. For those who were hoping the Court would kick this can down the road, the Court did– right into the fall’s election.”
The 700,000+ babies killed by Chemical Abortion Pills every year do not just disappear into the toilet @laralogan. Mifepristone leaves 3 anti-progesterone metabolites in our DRINKING water. Take a minute and watch this. The offer is still open for a DM or call. pic.twitter.com/cbHN76DWc6
— Kristan Hawkins (@KristanHawkins) May 14, 2026
FDA is committed to protecting the health and safety of women. The Supreme Court’s order, issued today, maintains the status quo with respect to the REMS governing mifepristone. The FDA will press forward to complete its science-based safety review of the mifepristone REMS and,…
— U.S. FDA (@US_FDA) May 14, 2026
Today I spoke directly with Acting FDA Commissioner Kyle Diamantas.
He told me he regrets work he performed as an outside attorney for Planned Parenthood in Planned Parenthood of Greater Orlando v. MMB Properties. He shared that he was assigned to the case by his law firm,…
— Lila Rose (@LilaGraceRose) May 13, 2026
Pennhy Nance, of Concerned Women for America, said, “The practical consequences of the Supreme Court’s decision to allow dangerous abortion drugs to continue to be distributed by mail in direct violation of federal law are disastrous for women. The harm done to unborn babies and mothers is clearly irreparable, and the Court’s failure to put a stop to it brings shame to the cause of justice. Still, we are confident that we will ultimately prevail in bringing back safety and protections for women who are being harmed by the Biden Administration’s reckless disregard for the dangers associated with chemical abortion drugs, as the case moves along on the merits.”
Marjorie Dannenfesler, chief of SBA Pro-Life America, added, “We are deeply disappointed the Supreme Court will not respond to the harm occurring nationwide with mercy and stop the dangerous mail-order abortion drug regime. Today’s decision does not touch the merits of the case as it returns to the 5th Circuit.”
She said, “The reality is clear: The mail-order abortion drug experiment has failed countless women. Across red and blue states alike, women who never wanted to abort their babies have been coerced and poisoned because of the lack of oversight. By the FDA’s admission, the research never supported removing in-person doctor visits, and Secretary Kennedy himself testified that the Biden administration twisted the data. State laws enacted to protect unborn children and mothers also are effectively nullified because of abortion drugs illegally flowing in through the mail, bypassing state protections for unborn babies and moms.”
She said, “American voters widely support the longstanding requirement for in-person dispensing of abortion drugs in a medical setting—a safeguard that existed for two decades until the Biden administration egregiously removed it—to protect women from coercion and ensure proper follow-up care. Polling shows that a strong majority, including a majority of self-identified liberals, support restoring in-person dispensing. We urge the administration to do the right thing: Settle this case and restore in-person dispensing immediately, while moving forward on a comprehensive safety review of mifepristone without delay.”
