Washington, D.C. – Two pharmaceutical companies, Danco Laboratories and GenBioPro, have appealed to the U.S. Supreme Court to restore nationwide mail-order access to mifepristone, a key medication used in medication abortions. This move comes after a recent appeals court decision temporarily blocked deliveries, significantly restricting access, particularly in states with stringent abortion laws.
The temporary block, issued by a conservative panel of the 5th U.S. Circuit Court of Appeals, stemmed from a lawsuit filed by the state of Louisiana, alleging safety concerns regarding the drug’s approval and subsequent easing of restrictions by the FDA. Louisiana claims the FDA overlooked risks like sepsis and hemorrhaging. The FDA previously lifted the in-person dispensing requirement in 2023, citing the drug’s safety and efficacy.
This legal battle represents the latest front in the ongoing struggle over abortion access since the Supreme Court overturned Roe v. Wade in 2022. Nearly half of U.S. states have since enacted bans or severe restrictions on abortion, leading to a surge in demand for medication abortion and a flurry of related legal challenges.
Danco Laboratories expressed concern that the ruling creates “immediate confusion and upheaval” for patients and healthcare providers, while GenBioPro emphasized the right to “safe, affordable, evidence-based health care.” The companies argue that anti-abortion groups are attempting to undermine the FDA’s regulatory authority.
Mifepristone is used in approximately two-thirds of U.S. abortions, in combination with misoprostol, to terminate pregnancies within the first 10 weeks. The Supreme Court previously dismissed a separate challenge to the mail-order rule due to lack of standing, but a new case brought by Missouri, Kansas, and Idaho is currently pending. The administration of former President Donald Trump has also initiated a review of mifepristone’s safety, though reports suggest this review has been delayed.
Legal organization Democracy Forward highlighted the significance of this moment for women’s healthcare, emphasizing that the assault on abortion access continues despite the overturning of Roe v. Wade.
