Democratic lawmakers urge Supreme Court to keep abortion medication access

Dave Goldiner, New York Daily News on May 5, 2026

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Democratic congressional lawmakers Tuesday overwhelmingly urged the conservative Supreme Court to maintain access to abortion medication as the justices consider whether to put on hold an appeals court ruling that would ban receiving it by mail.

All 47 Democratic senators and 212 Democratic House lawmakers signed a petition calling on the the high court to overturn the 5th Circuit Court of Appeals’ ruling that would force women to see a doctor in person to obtain mifepristone, a drug used in nearly two thirds of all abortions in the U.S.

“Mifepristone, which patients have used for more than 25 years as part of the most common and recommended regimen for medication abortion, should not be made more difficult to access across the entire country,” the lawmakers wrote.

The push included all Democrats in Congress except for Texas moderates Rep. Henry Cuellar and Rep. Vicente Gonzalez.

It comes after the 5th Circuit Court of Appeals ruled in favor of the state of Louisiana, which says allowing women to order mifepristone by mail or online skirts its near-total ban on abortion.

Justice Samuel Alito briefly paused the ruling pending a hearing before the full court expected by Monday. It could either uphold or reject the appeals court ruling, or put it on a longer hold while the appeals process plays out.

Abortion rights advocates say mifepristone has been proven safe and effective, pointing to the Food and Drug Administration to permit it to be prescribed without doctor’s office visit. Critics say the FDA overlooked serious risks.

“FDA’s decision to lift the in-person dispensing requirement was an evidence based exercise of its congressionally mandated responsibility to avoid unnecessary burdens on patient access to safe and effective drugs,” the Democratic amicus brief says.

Medication abortion has become far more commonly used in recent years and particularly since the Supreme Court overturned Roe v. Wade, opening the door for red states to effectively ban abortions.

Any effort to restrict access to abortion pills could spark political blowback for Republicans ahead of the congressional midterms.

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