Supreme Court pause preserves remote abortion pill access in Maine, for now

Maine abortion providers can continue prescribing mifepristone remotely for now after the U.S. Supreme Court on Monday temporarily paused a lower court ruling that would have blocked mail delivery of the abortion medication nationwide.

The emergency stay halts a Friday order from the Fifth Circuit Court of Appeals in Louisiana requiring that mifepristone be dispensed only in person, a restriction that would have sharply limited telehealth abortion access across the country.

Although the drug has been declared safe in hundreds of studies, its remote availability remains uncertain until the Supreme Court decides to either extend the pause, permanently stay the Louisiana court’s decision or take up the case itself.

US Supreme Court issues temporary stay preserving nationwide abortion drug access

“It’s maddening to think when we have the best and most effective regimen that the Fifth Circuit could somehow intervene and make that less available for people,” said Nicole Clegg, president and CEO of Planned Parenthood of Northern New England.

“Medication abortion, especially through telehealth and being able to receive mailed prescription drugs has been a lifesaver for some people.”

After the Fifth Circuit’s ruling late Friday, Maine providers maintained telehealth abortion access by switching to a misoprostol-only drug formula. While that option is still considered safe and effective, research has shown it can cause more pain and cramping and it can also require more follow-up care, according to Clegg.

On Monday, both Planned Parenthood of Northern New England and Maine Family Planning said they had switched back to prescribing mifepristone remotely due to the Supreme Court’s temporary stay. 

“Mifepristone is just as safe when provided via telehealth as it is when we provide it in our clinic,” said Olivia Pennington, Maine Family Planning’s director of advocacy and community engagement. “This ruling out of the Fifth Circuit court, has nothing to do with mifepristone safety and everything to do with coercion and control of pregnant people.”

Even though providers say they are committed to maintaining remote abortion access regardless of the Supreme Court’s ultimate decision, they warned that the legal uncertainty itself can create confusion for patients.

Aspen Ruhlin, community engagement manager of the Bangor-based Mabel Wadsworth Center, said these restrictions were designed to “cause confusion and shame, leading to abortion seekers delaying care.”