In April, we told you about the shocking increase in abortions across the Commonwealth in 2024 – 80% of which were attributed to the abortion pill, and 62.5% of these cases were via telehealth. Between 2023 and 2024 the number of abortions committed in Massachusetts had more than doubled, with an astonishing 27,836 out of the 49,450 recorded abortions being provided to non-residents. This is likely due to a massive number of abortion pills being sent across state lines from Massachusetts providers to states where the abortion pill is not legal.
Now, the fate of the abortion pill is back at the US Supreme Court (SCOTUS), and a decision could come soon that would carry massive implications for Massachusetts and other states that participate in this death-by-mail scheme to circumvent the laws of pro-life states with abortion restrictions.
Earlier this month in the case State of Louisiana v. U.S. Food and Drug Administration, the 5th Circuit Court of Appeals ruled in favor of the state of Louisiana, which advocated to reinstate the in-person dispensing requirement for the abortion pill mifepristone. This requirement was lifted by the Biden Administration in 2021 and permanently removed in 2023. The state argued that the Biden Administration’s actions, which allowed abortion pills from out of state to be prescribed and mailed to women in Louisiana, violated the state’s abortion laws and “prevent[ed] Louisiana from protecting the lives of unborn babies despite the promise of Dobbs.”
This ruling, cheered by pro-life advocates because it would protect the lives of babies in states that rightly restrict access to these deadly pills, is now up in the air. SCOTUS has temporarily put the decision on hold through an administrative stay that has now been extended until at least Thursday, May 14th.
If the Court chooses to uphold the 5th Circuit’s decision to reinstate the in-person dispensing requirement, this could have large impacts in the Commonwealth due to the vast number of abortion pill prescriptions tied to telehealth here. Reinstating this requirement would be a notable step forward towards protecting the rights of the unborn, especially in Massachusetts, one of the most pro-abortion states in our nation.
We remain prayerful that when the Justices reach a final decision in this case, they rule to affirm the dignity of life at all stages.
Update: May 14, 2026
Regretfully, our highest court has yet again failed to intervene on behalf of the women and children put at risk by mifepristone. Today SCOTUS issued an order that continues to allow the mailing of this lethal drug used in medication abortions – the most common form of abortion in the United States.
Justices Clarence Thomas and Samuel Alito both issued strong dissents. Justice Thomas pointed out that the existing practice of mailing mifepristone is a violation of the Comstock Act, and argued that the drug companies “cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.” Justice Alito pointed out that “This scheme would not have been possible under FDA regulations had the federal government not taken steps in 2021 and 2023 to facilitate mail-order abortions,” and that “[w]hat is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization.” Dobbs v. Jackson Women’s Health Organization is the court’s 2022 decision that overturned Roe v. Wade and sent decisions about abortion laws back to the individual states.
We will continue to track this issue of great importance and keep you apprised of developments. Please join us in praying that, whether through the action of SCOTUS or another avenue, these dangerous and deadly pills will be restricted and life will be protected – both in the Bay State, and across our nation.
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