SCOTUS order not expected to affect Mississippi’s new anti-abortion pill law
State Rep. Celeste Hurst (R) speaks in support of HB 2 earlier in the 2026 legislative session. Wednesady, she introduced an amendment to include abortion inducing drugs to HB 1613, which was adopted. (Photo by Jeremy Pittari | Magnolia Tribune)
- “Our legislation was carefully written to prohibit the unlawful sale, transfer, distribution, or prescribing of abortion-inducing drugs for the purpose of ending an unborn life in Mississippi,” said State Rep. Celeste Hurst.
Last week, the U.S. Supreme Court handed down an order allowing women to continue receiving abortion medication by mail as a three-judge panel at the Fifth Circuit Court of Appeals considers a case out of Louisiana.
The high court’s decision is not expected to affect recent legislation signed into law this year in Mississippi that prevents persons from accessing the drug.
Mississippi banned abortion following the 2022 U.S. Supreme Court ruling overturning Roe v. Wade. It outlaws abortion in the state with exceptions for protecting the life of the mother and in cases where rape or incest is reported to law enforcement.
As reported by the Associated Press, the case before the court stems from a lawsuit Louisiana filed to roll back the Food and Drug Administration’s rules on how mifepristone can be prescribed. The AP reported that the state claims that the policy undermines the ban there, and it questions the safety of the drug, which has repeatedly been deemed safe and effective by FDA scientists.
“Lower courts concluded that Louisiana is likely to prevail, and a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that mail access and telehealth visits should be suspended while the case plays out,” the AP reported.
The ability to receive the drug by mail was approved during the term of former President Joe Biden (D) in response to the COVID-19 pandemic. Prior to that, regulations were in place that mandated the drug be obtained in-person.
Mifepristone has to be used in combination with misoprostol, a drug combination the FDA says causes early term pregnancy termination through the blockage of a specific hormone. It is intended for use in instances where the patient’s last menstrual period occurred within the last 70 days or less.
During Mississippi’s 2026 legislative session, State Rep. Celeste Hurst (R) led the charge in passing a bill that prevents Mississippians from gaining access to the drug, which received the governor’s signature last month.
Hurst told Magnolia Tribune the U.S. Supreme Court’s decision is not expected to affect the legislation Governor Tate Reeves (R) signed into law on April 8. The bill goes into effect on July 1.
“The SCOTUS decision does not invalidate Mississippi law or prevent our state from enforcing the protections we passed this session,” Hurst said. “Our legislation was carefully written to prohibit the unlawful sale, transfer, distribution, or prescribing of abortion-inducing drugs for the purpose of ending an unborn life in Mississippi.”
She went on to say that the recent decision by the U.S. Supreme Court focuses on the litigation in opposition to rules established by the FDA.
The AP noted that anti-abortion groups, “frustrated with President Donald Trump’s administration, are pushing the FDA to move faster with a review that they hope will result in restrictions on mifepristone, including blocking its prescribing via telehealth platforms.”
Hurst believes Mississippi’s law is on firm footing.
“But Mississippi law remains in effect unless a court specifically rules otherwise. I remain confident in the legal footing of the legislation we passed,” Hurst added.
The Mississippi law states that it is unlawful for any person to knowingly or intentionally create, sell, barter, transfer, manufacture, distribute, dispense, prescribe or possess with knowledge or intent to create, sell, barter, transfer, manufacture, distribute, dispense or prescribe an “abortion-inducing drug.”
Such a drug is defined in the law as a medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman to cause the death of the unborn child, except as otherwise provided by the laws of the State of Mississippi.
Violators of the law could face imprisonment of not less than one year but not more than ten years if convicted.
In addition, the Attorney General could bring a civil suit in the name of the State of Mississippi to enjoin any violation of the law “related to abortion-inducing drugs, to obtain declaratory or injunctive relief, and to recover civil penalties and costs.” The measure notes that civil actions are cumulative and do not preclude criminal prosecution.
Democrats in Legislature opposed the bill, arguing that it will have negative effects on women’s health, calling the measure unnecessary and “ridiculous.”
