Kimberlyn Schwartz of Texas Right to Life (TRTL) says justices could eventually overturn a ruling from the 5th Circuit Court of Appeals that requires the abortion pill be distributed only in person and at clinics, overhauling regulations set by the Biden FDA that President Donald Trump has not altered.
According to Associated Press, the ruling from the 5th Circuit’s three-judge panel last Friday was the “biggest jolt” to abortion policy since the overturn of Roe v. Wade in 2022 by the Supreme Court.
Texas Policy Research explains that the court granted a stay under the Administrative Procedure Act, which blocked the federal policy that allowed abortion pills to be delivered in the mail after being prescribed remotely, a workaround for the pro-abortion crowd against states with abortion restrictions.
However, the Supreme Court's action on Monday temporarily restored broad access, reports the AP. The order will remain in effect for another week while both sides respond and the high court considers the issue more fully.
"I'm not discouraged," says Schwartz of TRTL, which applauded the 5th Circuit ruling last week. "I don't think that we're looking at a guaranteed loss, but I also don't know if we're looking at a guaranteed win either."
Meanwhile, Schwartz says this is not the pro-life movement's only path to stop mail-order abortions.
"We could win in this case, and that could stop mail-order abortions nationwide. That would be great, but that's not the only way that we can accomplish that," says Schwartz. "We don't have to rely on the court to give us a victory regarding abortion pills. We are really looking at the White House to do their job in protecting our nation's children and actually restoring the integrity of the FDA."
Examples of things Schwartz says Trump could do include ordering the FDA to restore the in-person visit requirement, restoring stronger regulations on the abortion pill and asking the FDA to revoke approval of the abortion pill.
In 2025, the Ethics and Public Policy Center (EPPC) published a study that found one in 10 women taking the abortion pill experience a severe adverse health event.
AFN reported previously that pro-life attorneys say the Supreme Court should recognize Louisiana’s standing and, hopefully, keep the 5th Circuit’s ruling.
