On May 4, the U.S. Supreme Court restored temporary, nationwide access to the abortion pill mifepristone by mail. Amidst escalating threats to abortion access, the order would allow those seeking abortions to obtain the pill without an in-person visit to the doctor.
The restoration comes days after a federal appeals court sided with the State of Louisiana in a lawsuit against the FDA, arguing that access to the pill by mail enabled abortions to continue despite the state’s near-total abortion ban. The court had ruled that mifepristone could only be prescribed following in-person medical appointments–a decision reproductive rights activists called “the biggest attack on abortion since the end of Roe.” The May 4 restoration will remain in effect until at least May 11.
Access to abortion pills through telemedicine has become a lifeline in states with near-total abortion bans. Medication abortions account for 63% of all abortions in the U.S., while their prescriptions by telehealth appointments, which offer greater access to those in rural areas, in states with severe abortion restrictions, or with limited clinical access, account for approximately one in four abortions. Through telemedicine abortions, out-of-state clinicians may provide protected access to reproductive health services and medication by mail. This is largely why in the U.S., despite having 13 states with near-total abortion bans, abortion rates have increased since the Dobbs decision overturned Roe v. Wade.
What’s clear is that the draconian state’s escalating attacks on abortion access will not prevent us from seeking out and providing these life-saving services for each other. Yet, what we face today urgently demands action. This temporary restoration offers just over a week-long pause on the devastating federal appeals court decision; millions of working people still stand at risk of losing access to what’s left of our reproductive health care. The task remains to fight for a world in which our rights to abortion access and more broadly, bodily autonomy and gender equality, are not only gained, but expanded upon and protected indefinitely.
