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The Supreme Court’s Shadow Docket

Escalation: Supreme Court Upholds Mail Access to Mifepristone

The Supreme Court kept mifepristone available by mail and through telehealth, issuing an unsigned order that preserves nationwide access while a lawsuit proceeds. Justices Samuel Alito and Clarence Thomas dissented.

The order blocks a 5th Circuit ruling from earlier this month that would have required in‑person dispensing. Alito had put that ruling on hold last week; the full court has now extended that hold.

The dispute stems from Louisiana’s challenge to the Food and Drug Administration’s recent access rules. The FDA ended its in‑person pickup requirement in 2021 and in 2023 allowed the drug to be prescribed remotely and delivered by mail, policies that remain in effect for now.

Synthesized from 21 sources

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