Story perspectives

Supreme Court Keeps Mail-Order Abortion Pills Available Amid State Lawsuits

5/20/2026

Summary

Story summary

Supreme Court issued an order on May 14 keeping mail-order abortion pills available despite Fifth Circuit ruling.
Justices Samuel Alito and Clarence Thomas dissented while justices paused the Fifth Circuit order.
Attorneys general from Texas, Florida, Missouri, Idaho and Kansas joined Louisiana in lawsuits invoking the Comstock Act.
Medication abortion now makes up two-thirds of U.S. abortions, one-quarter via telemedicine.
Carafem and Massachusetts Medication Abortion Access Project shifted to misoprostol-only protocols.

History

Historical Context

Roe v. Wade (1973) established a constitutional right to abortion, and the FDA’s 2000 approval of mifepristone made medication abortions common—by 2022 the pill accounted for roughly two-thirds of all abortions. On May 14 2024 the Supreme Court halted a Texas-led effort to block mail-order pills, a move rooted in the 1873 Comstock Act and ongoing post-Dobbs litigation.

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Story summary

Supreme Court issued an order on May 14 keeping mail-order abortion pills available despite Fifth Circuit ruling.
Justices Samuel Alito and Clarence Thomas dissented while justices paused the Fifth Circuit order.
Attorneys general from Texas, Florida, Missouri, Idaho and Kansas joined Louisiana in lawsuits invoking the Comstock Act.
Medication abortion now makes up two-thirds of U.S. abortions, one-quarter via telemedicine.
Carafem and Massachusetts Medication Abortion Access Project shifted to misoprostol-only protocols.

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