upholds

Supreme Court, over two dissents, upholds abortion pills sent by mail, for now

The Supreme Court on Thursday rejected an antiabortion challenge to federal regulations that permit sending pills through the mail once a patient has consulted a doctor online.

The justices granted an emergency appeal from the makers of mifepristone and set aside an order from a U.S. appeals court in Louisiana that would have made it illegal to send or receive the medication by mail.

Justices Clarence Thomas and Samuel A. Alito Jr. dissented.

“The court’s unreasoned order granting stays in this case is remarkable,” Alito wrote. “What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, which restored the right of each State to decide how to regulate abortions within its borders.”

The decision is a setback for abortion opponents, including Louisiana Atty. Gen. Liz Murrill, who sued and argued that her state’s ban on abortion has been thwarted by abortion pills sent by mail.

Thursday’s order preserves access to the medication under the current rules, but it is not a final decision.

The case will now return to the 5th Circuit Court in New Orleans for further review.

“Today’s ruling buys time, but no peace of mind,” said Nancy Northup, president of the Center for Reproductive Rights. “Mifepristone access remains highly at risk as this case moves forward and the Trump administration conducts a politically motivated review of this pill with the hardly disguised aim of making it harder to get.”

National Right to Life expressed deep disappointment.

“Women 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,” said Carol Tobias, the group’s president.

The legal dispute has put the Trump administration in a politically awkward spot.

Critics of abortion, including Republican attorneys general from 23 states, argued that the regulations adopted during the Biden administration have thwarted their state laws and allowed patients to obtain medication from doctors in California and New York.

But the Trump administration has shown no urgency to change the regulations that allow for dispensing the pills by mail.

Alito, who spoke at the 5th Circuit a week ago, said he agreed with the state’s argument.

“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,” he wrote. “These medical providers and private organizations have developed an operation enabling women in Louisiana and other States that restrict abortions to place an online order for a pill called mifepristone that induces abortion.”

Thomas said abortion is a crime in Louisiana.

The makers of the abortion pills have no grounds to sue “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.”

But most of the court’s conservatives refused to go along, even though they had voted to overturn the constitutional right to abortion.

Chief Justice John G. Roberts and Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett refused to block the current regulations on a fast-track appeal.

Two years ago, the court handed down a similar decision involving abortion pills and the 5th Circuit Court.

The justices overturned a 5th Circuit ruling on the grounds that the antiabortion doctors who sued had no standing because they did not prescribe or use the medication.

In 2000, the FDA approved the use of mifepristone as safe and effective for ending an early pregnancy or treating a miscarriage. It is used in combination with a second drug misoprostol, which induces cramping.

Since 2016, the FDA has relaxed regulations on its use. They include a requirement that women obtain the pills directly from a doctor or a medical clinic. However, it was understood the medication would be taken later at home.

The agency temporarily suspended this rule in 2021 in response to the COVID-19 pandemic, then lifted it entirely in 2023.

Medication abortions now account for almost two-thirds of abortions in the United States, and telehealth is used in 27% of abortions nationwide. Last year, in response to abortion opponents, the Trump administration agreed to review the safety record of mifepristone.

“Mifepristone is one of the safest and most well-studied drugs on the market,” said Dr. Camille A. Clare, president of the American College of Obstetricians & Gynecologists. “The FDA removed the in-person dispensing requirement after careful evaluation of the data because mifepristone is safe and effective even when distributed by mail.”

But the Louisiana attorney general decided to sue in federal court without waiting for the FDA.

She argued that the mailing of abortion medication, which was approved under the Biden administration, was undermining her state’s strict ban on abortions.

A federal judge in Louisiana said the state appeared to have a strong claim, but he decided not to rule on it until the FDA completed its review.

The 5th Circuit Court of Appeals responded a few days later by ruling the FDA erred by relaxing its regulations to allow for dispensing the pills by mail. The three-judge panel then put its ruling into effect immediately on May 1.

Abortion law experts called out the decision as extreme and unusual.

“To our knowledge, no court has ever ordered the FDA to reimpose on a drug a safety rule the agency has thoroughly studied and deemed unnecessary,” said Melissa Goodman, executive director of UCLA’s Center for Reproductive Health, Law and Policy.

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Missouri Supreme Court upholds state’s GOP-backed congressional map

May 12 (UPI) — Missouri’s Supreme Court has approved the state’s new congressional maps, handing a win to the Trump administration as it seeks to create additional Republican-favored seats ahead of November’s midterm elections.

The high court ruled unanimously Tuesday in three cases that challenged the map, stating in a joint opinion affecting two cases that the redraw does not violate the state’s Constitution, and rejected a referendum-related challenge against the bill that permitted the unorthodox mid-decade redraw.

“Today’s Missouri Supreme Court rulings are a HUGE victory for voters,” Missouri Gov. Mike Kehoe, a Republican, said in a social media statement Tuesday.

“Missourians are more alike than we are different, and our Missouri Values — rooted in common sense, hard work and personal responsibility — are stronger and far more aligned across both sides of the aisle than the extreme left-wing agendas pushed in states like New York, California and Illinois.

“The Missouri First Map ensures those values are represented fairly and accurately at every level of government.”

Missouri began the effort to redraw its congressional map last summer amid President Donald Trump‘s push for Republican-led states to create more GOP-favored seats for November’s midterm elections. The map, which Kehoe signed in September, redraws Democrat Rep. Emanuel Cleaver’s Kansas City-area district to include more rural, Republican-leaning areas, potentially whittling Missouri’s Democratic delegation in the U.S. House of Representatives from two seats to one.

Trump has repeatedly voiced concern about potential impeachment proceedings if Republicans lose the House. Creating additional Republican-leaning seats increases the GOP’s chances of maintaining control of the chamber, making impeachment less likely while limiting Democrats’ ability to conduct investigations into the Trump administration or stymie his agenda.

Texas was the first state to move on mid-decade redistricting, kicking off a gerrymandering arms race in which Democratic-led states sought to counter with their own maps and Republican-led states responded with additional redraws.

Fifteen states have moved to redistrict, with eight — seven Republican-led and one Democratic-led — having implemented new congressional maps, according to the National Conference of State Legislatures. Democratic-led Virginia also approved a new map, but the state Supreme Court overturned it last week.

The Missouri Supreme Court decisions on Tuesday resolve months of litigation in a trio of separate cases filed by Missouri voters against the redistricting.

In consolidating two cases that similarly challenged the constitutionality of the map’s redraw, the justices unanimously ruled that the appellants failed to show that it unlawfully slip the Kansas City-area district.

The other unanimous ruling sided against Missouri voters seeking to have the issue put to a ballot referendum.

Opponents to the maps criticized the court following its ruling, highlighting the fact that it was issued the same day arguments in the case were presented.

“While one might be inclined to hope that these justices managed to grapple with a highly complex, nuanced and consequential issue in just six hours, it seems clear the justices were not interested in the day’s proceedings and simply had their opinion already finalized, even before this morning’s argument,” Marina Jenkins, executive director of the National Redistricting Foundation, said in a statement.

“With this decision, the Missouri Supreme Court has shown Missourians the lack of seriousness with which it takes cases that pertain to protecting their right to vote — a complete and dangerous abdication of the judiciary’s role.”

The Campaign Legal Center, the American Civil Liberties Union Voting Rights Project and the ACLU of Missouri similarly criticized the ruling.

“Mere hours after argument was held, the court released its decisions siding against voters in every respect,” the groups said in a joint statement.

“We are extremely disappointed in these rulings, and in their failure to protect Missourians’ right to fair maps. This state — and our democracy — are worse off for this outcome.”

President Donald Trump gives remarks during a law enforcement leaders dinner, celebrating the start of National Police Week, in the Rose Garden at the White House on Monday. Photo by Aaron Schwartz/UPI | License Photo

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