Supreme Court restores access to mail-order abortion pill mifepristone, for now

[0:00] the abortion pill is available by mail again. Supreme Court Justice Samuel Alito staying a [0:05] lower court order that had rolled back access nationwide. So for now, patients will have [0:11] access to mifepristone without the need for an in-person doctor's visit. The drug can once again [0:17] be prescribed via telemedicine and obtained via mail or pharmacy, a practice that was approved by [0:23] the FDA back in 2023. Joining us for more on this is our senior Washington reporter Devin Dwyer, [0:29] who covers the Supreme Court, and ABC News medical correspondent Dr. Darian Sutton. So Devin, we just [0:35] got this decision down. Break it down for us. Yeah, a few moments ago, Justice Samuel Alito, who oversees [0:40] the Fifth Circuit of courts in the United States and has responsibility over this case, has issued a [0:47] temporary administrative stay, Elizabeth, of that lower court decision, which sort of shocked the [0:53] world on Friday, late Friday, rolling back access to pre-2023 guidelines, limiting the ability of the [1:01] drug mifepristone to be available, prescribed via telemedicine and obtained in pharmacies and by the [1:09] mail. This is a battle that's been brewing for some time. The front line now of the abortion battle in the [1:15] United States is a number of conservative states and anti-abortion groups are challenging the ability [1:21] and availability of this pill mifepristone, claiming that it is not safe, even though it's been used, [1:28] widely used for decades and is one of the most commonly used methods of abortion right now. [1:33] So the court just a few moments ago, basically preserving the status quo for now, at least for the [1:38] next week, while the Supreme Court considers its next move in this case. And Dr. Sutton, as Devin said, [1:44] mifepristone's been widely used and approved for decades. What do people know about what this drug is [1:49] used for? It's not just abortion. You're correct, Elizabeth. It's not just abortion. Mifepristone is [1:56] actually a multipurpose medication. It, of course, is used in abortions, but it's also used when [2:01] unfortunate incidents happen early in pregnancy, for example, miscarriages to prevent complications. [2:06] It is still a major part of reproductive health, specifically with medication abortions. [2:11] Six out of 10 abortions are medication abortions, and one out of four of those [2:15] treatments are provided through telehealth. And this is crucial for access because [2:19] it's geographically dependent on where you live in the United States. The March of Dimes reporting [2:23] that more than 35 percent of counties within the United States don't have access to an OB provider. [2:28] That's an estimated 2.3 million women of reproductive age that could be affected by this decision, [2:32] Elizabeth, not just in states with abortion bans, but also with states with rural communities and also [2:37] just in general areas where there is limited health access. [2:41] Critical that it could be across the country, really. Devin, so this is sort of a short-term [2:46] deal here. The administrative stay set to expire on May 11th. What happens after that? [2:51] Yeah, the Supreme Court, Elizabeth, basically has not taken a position just yet. That's what the [2:56] administrative stay does. And what they're deciding is whether or not they think the state of [3:01] Louisiana is likely to prevail in challenging the safety of how Mifepristone is distributed. So [3:09] by next week sometime, the Supreme Court is likely to weigh in and either extend this stay, [3:14] preserving the status quo, allowing this broader access, or snapping back to pre-2023 guidelines. [3:22] That's the heart of this debate. Did the Biden administration follow proper procedures? [3:26] Did they adequately review the evidence of the safety of prescribing this drug without an in-person [3:33] visit with a doctor? Of course, advocates for it say that that did happen and it should remain [3:40] available. Critics say some corners were cut. But the Supreme Court, as that is litigated, by next week [3:46] will decide what the status quo should be basically for the next year or two. [3:50] Yeah. And Dr. Sutton, help us understand some of those easing restrictions. We know the FDA [3:54] approved Mifepristone back in 2000, then eased restrictions in 2023 by allowing patients to [4:00] access the prescription by mail. People don't have to go in person then to get the pill. So what would [4:04] happen, in your view, without this kind of access? Well, Elizabeth, it substantially increases risk. [4:12] When we talk about understanding the risk, it's so important to understand that pregnancy is not a [4:17] risk-neutral state. It comes with very real complications, bleeding, infections, severe heart [4:22] complications, blood pressure emergencies, and long-term progression of chronic disease. This is [4:26] important to understand because within medicine, although we debate it in the courts, the benefits of [4:31] Mifepristone and the safety and efficacy are not debated in the hospital. The research goes back decades. [4:36] It's one of the most extensively studied medications, and that's one of the reasons why the American [4:40] College of Obstetrics and Gynecologists, as well as the World Health Organization, continue to promote or the use of [4:47] Mifepristone as a safe option for abortion for women in need. [4:52] Our medical correspondent, Dr. Darian Sutton, and senior Washington reporter, Devin Dwyer, [4:56] thank you both for your expertise on this. Appreciate it.