What the Dissents in the Mifepristone Case Tell Us About What's to Come

"The Supreme Court issued an order to permanently stay a ruling from the Court of Appeals for the Fifth Circuit prohibiting the distribution of the abortion medication mifepristone by mail. The court announced that the stay is in place "pending disposition of the appeal" in the lower court, meaning that while mifepristone may continue to be mailed throughout the United States, it remains unclear for how long."

"The ruling-barely a paragraph in length-was strictly procedural. The court did not weigh in on the scientifically discredited and debunked arguments that undergird the challenges to mifepristone made by anti-abortion advocates, namely their claim that the drug is unsafe and ineffective."

"Alito's dissent in the joined cases Danco Laboratories, LLC v. Louisiana and GenBioPro, Inc. v. Louisiana shows equal hostility, antagonism, and irrationality. According to Justice Alito, the Supreme Court's order is "unreasoned" and "remarkable." In essence, he refers to the drug manufacturers as profit seekers, engaged in a "scheme" to "undermine" his majority opinion in Dobbs and ultimately thwart states' bans on abortion."

"Justice Alito feigns ignorance of the decades of research pointing to mifepristone's safety, referencing "concerns have arisen 'about the safety of mifepristone as currently administered.'" This is ironic, especially since the medication has been on the market in the United States for nearly 26 years, and decades be"

The Supreme Court issued an order permanently staying a Fifth Circuit ruling that prohibited distribution of mifepristone by mail. The stay remains in place pending disposition of the appeal in the lower court, so nationwide mailing can continue while the duration remains uncertain. The underlying Fifth Circuit ruling was procedural and did not address claims about mifepristone’s safety and effectiveness. The dispute reflects ongoing legal confusion and medical turmoil following the 2022 Dobbs decision overturning Roe v. Wade. Justice Alito dissented, characterizing the order as unreasoned and remarkable, and criticizing the manufacturers as profit seekers engaged in a scheme to undermine Dobbs and thwart state abortion bans. The dissent also referenced safety concerns about mifepristone as currently administered despite decades of market history and research.

Read at The Nation