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Supreme Court Greenlights Abortion Pill by Mail: Alito, Thomas Rip Decision

U.S. Congress. The U.S. Supreme Court building is seen on May 8, 2026. (Francis Chung/POLITICO via AP Images)
U.S. Congress. The U.S. Supreme Court building is seen on May 8, 2026. (Francis Chung/POLITICO via AP Images) AP

The Supreme Court on Thursday preserved nationwide access to the abortion pill mifepristone, rejecting lower-court limits even as a legal challenge continues, with conservative Justices Clarence Thomas and Samuel Alito sharply dissenting.

The order keeps in place a widely used method of abortion and highlights deep divisions on the court over how to weigh access to the drug. Women will continue to obtain mifepristone through pharmacies and by mail as the case proceeds, likely into next year.

In dissent, Thomas argued applicants could not claim irreparable harm, writing they "cannot, in any legally relevant sense, be irreparably harmed" by restrictions that make suspected unlawful conduct harder.

“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise. They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes,” Thomas wrote.

Alito wrote, in part, "Applicants are not entitled to a stay based on the costs of complying with a law, including lost profits; nor can they show irreparable harm from having to obey the law."

This is a breaking news article. Updates to follow.

 The U.S. Supreme Court building is seen on May 8, 2026. (Francis Chung/POLITICO via AP Images)
The U.S. Supreme Court building is seen on May 8, 2026. (Francis Chung/POLITICO via AP Images) Francis Chung/POLITICO AP

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This story was originally published May 14, 2026 at 2:54 PM.

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