SCOTUS Refuses to Stop Illegal Mail-Order Abortion Regime; Alito, Thomas Dissent
For Immediate Release: May 14, 2026
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Washington, D.C. – In response to the Supreme Court refusing to stop the mail-order abortion drug regime during pending litigation, SBA Pro-Life America issued the following statement:
“We are deeply disappointed the Supreme Court will not respond to the harm occurring nationwide with mercy and stop the dangerous mail-order abortion drug regime. Today’s decision does not touch the merits of the case as it returns to the 5th Circuit,” said SBA Pro-Life America President Marjorie Dannenfelser.
“The reality is clear: The mail-order abortion drug experiment has failed countless women. Across red and blue states alike, women who never wanted to abort their babies have been coerced and poisoned because of the lack of oversight. By the FDA’s admission, the research never supported removing in-person doctor visits, and Secretary Kennedy himself testified that the Biden administration twisted the data.
“State laws enacted to protect unborn children and mothers also are effectively nullified because of abortion drugs illegally flowing in through the mail, bypassing state protections for unborn babies and moms.
“American voters widely support the longstanding requirement for in-person dispensing of abortion drugs in a medical setting—a safeguard that existed for two decades until the Biden administration egregiously removed it—to protect women from coercion and ensure proper follow-up care. Polling shows that a strong majority, including a majority of self-identified liberals, support restoring in-person dispensing.
“We urge the administration to do the right thing: Settle this case and restore in-person dispensing immediately, while moving forward on a comprehensive safety review of mifepristone without delay.”
Previously in Louisiana v. FDA, the 5th U.S. Circuit Court of Appeals granted abortion drug coercion survivor Rosalie Markezich’s and the State of Louisiana’s request to stay the FDA mail-order policy, finding that the public interest is not served by a rule that 1) intentionally undermines pro-life state laws, 2) sends women to the emergency room in “hundreds of thousands of cases,” 3) was not adequately studied by the FDA’s own admission, and 4) is likely unlawful. Additionally, the court found that the stay does not prevent the FDA from completing a larger safety study.
SBA Pro-Life America submitted a brief calling for in-person dispensing to be reinstated.
Peer-reviewed research found three quarters of ER visits within 30 days after abortion drug use were coded as severe or critical. Two separate, independent studies also found more than 1 in 10 women experience at least one severe adverse event. Complications can include hemorrhaging, infection, sepsis, and even death.
Public opinion is firmly on the side of commonsense health and safety standards. Diverse polls consistently find Americans strongly oppose mail-order abortion drugs and favor in-person medical evaluations, including majorities of Independents, Democrats and liberal voters, and are less likely to support elected representatives who back them.
SBA Pro-Life America and its affiliated entities plan to make a $160 million investment to elect pro-life leaders in the 2026 midterm and 2028 presidential election cycles.
Susan B. Anthony Pro-Life America is a network of more than one million pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.
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