The Supreme Court Green-Lights Abortion-by-Mail

Over piqued dissents by Justices Clarence Thomas and Samuel Alito, the Supreme Court issued an injunction on Thursday that enables so-called telehealth abortions. Specifically, it stayed the Fifth Circuit’s temporary ban on the distribution by mail of mifepristone, the medication that accounts for over half of the abortions performed in the United States. (See Dan McLaughlin’s excellent post last night.)

As Michael New detailed Monday, Justice Alito had issued an administrative stay last week pausing the Fifth Circuit’s ban. Alito is the circuit justice for emergency matters arising in the Fifth Circuit, where the case — Louisiana v. Food and Drug Administration — arose; an administrative stay is just a temporary measure, usually lasting a few days, holding matters in abeyance while a court gets up to speed. Justice Alito later extended the stay to May 14 (yesterday) and, as expected, he referred the matter to the full Court.

Over piqued dissents by Justices Clarence Thomas and Samuel Alito, the Supreme Court issued an injunction on Thursday that enables so-called telehealth abortions. Specifically, it stayed the Fifth Circuit’s temporary ban on the distribution by mail of mifepristone, the medication that accounts for over half of the abortions performed in the United States. (See Dan McLaughlin’s excellent post last night.)

As Michael New detailed Monday, Justice Alito had issued an administrative stay last week pausing the Fifth Circuit’s ban. Alito is the circuit justice for emergency matters arising in the Fifth Circuit, where the case — Louisiana v. Food and Drug Administration — arose; an administrative stay is just a temporary measure, usually lasting a few days, holding matters in abeyance while a court gets up to speed. Justice Alito later extended the stay to May 14 (yesterday) and, as expected, he referred the matter to the full Court.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.