The Supreme Court, having spent the last few years lighting reproductive rights on fire, has now graciously agreed to pour a thimble of water on the blaze. In a 7-2 shadow-docket special, the justices said mifepristone can keep being mailed nationwide, at least until they find a more procedurally convenient way to torture pregnant people. Louisiana’s big legal theory was essentially: "We banned abortion here, so obviously we get to control the mail for the entire country." Even this court had to squint and say, yeah, that’s not how standing works.
Clarence Thomas and Sam Alito, naturally, dissented from reality. Thomas declared that mailing abortion pills is a "criminal enterprise" and tried to resurrect the 1873 Comstock Act, because nothing screams "modern constitutional jurisprudence" like dusting off Victorian anti-smut laws to control your uterus. Alito whined that keeping mifepristone available by mail "undermines" Dobbs, as if the real constitutional injury is that women haven’t suffered quite enough yet under his magnum opus.
Meanwhile, the Biden administration chose the bold strategy of… not responding to a lawsuit against its own FDA, leaving drug manufacturers and former FDA officials to do the grown-up work. The same Christian nationalist law shop, Alliance Defending Freedom, is once again trying to let a single red state override federal drug regulation for everyone, because why stop at abortion when you can blow up the entire pharmaceutical approval system? The Court punted the case back to the Fifth Circuit clown car, so everyone can look forward to Round Two: Now With Even More Theocracy, in a future term.
For now, medication abortion — which accounts for about two-thirds of abortions and has been safely used for decades — survives another trip through the Republican pain machine. Providers are already planning backup regimens in case the justices change their minds later, because when your healthcare depends on a court that misses its own deadlines while quoting 19th-century obscenity laws, "temporary" is the best you’re allowed to hope for.