Issues, Etc. An Update on the US Supreme Court and Telehealth Abortion – Dr. Michael New, 5/12/26 (1322)
May 12, 2026
Dr. Michael New, visiting assistant professor and senior associate scholar who writes on abortion and public policy. He defines telehealth abortion and how pills are prescribed and mailed. He walks through the Louisiana lawsuit, the Fifth Circuit ruling, and the Supreme Court’s recent stay and timeline. He surveys related lower-court cases and outlines possible paths the Court might take next.
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How Telehealth Abortion Works
- Telehealth abortion lets patients obtain chemical abortion via an online visit with pills mailed to them.
- Dr. Michael New explains the process uses teleconference (Zoom) and postal delivery, removing any in-person medical exam requirement.
COVID Policy Shift Made Telehealth Abortion Enduring
- Telehealth abortion expanded after COVID when the FDA relaxed in-person exam requirements and the policy persisted under subsequent administrations.
- Dr. Michael New notes the 2021 pandemic change was meant to be temporary but continued, prompting state legal action like Louisiana suing the FDA.
Louisiana's Lawsuit Framed As State Sovereignty Claim
- Louisiana sued the FDA arguing telehealth abortions harm state sovereignty and impose financial costs on Medicaid and providers.
- The Fifth Circuit ruled for Louisiana and banned telehealth abortions, but the Supreme Court issued a stay to review the case.