For Medical Professionals

December 13, 2023 - The SCOTUS decision to hear the consolidated cases FDA vs Alliance for Hippocratic Medicine as well as Danco Laboratories, L.L.C. vs Alliance for Hippocratic Medicine means that access to mifepristone is maintained for the near term, but leaves the final outcome of the case uncertain. 

We hope that the eventual SCOTUS decision will affirm that decisions about access to abortion medications should be based on the FDA's rigorous evaluation of scientific data about their safety and effectiveness as well as the clinical judgement of medical professionals, not on baseless political claims. However, the current makeup of the court—and its failure in the Dobbs case to uphold abortion rights—does not bode well for a good outcome. 

As SCOTUS considers the case, mifepristone will remain available in the United States. This includes the availability of abortion pills by mail, even in states with abortion bans. 

Since June, abortion pills and telehealth abortion services have been available from US-based providers, even in states with abortion bans, due to new shield laws in some progressive states. These laws are designed to protect clinicians who practice telemedicine abortion and mail pills into restricted states, shielding them from extradition or loss of their medical license. These providers are operating in full compliance with the laws in their state that pertain to them, and are adhering to standard medical protocols for abortion service delivery. Lawyers say there is no increased legal risk to the end user or patient by using these services. 

Even if the SCOTUS decision results in restrictions on mifepristone, mifepristone and misoprostol pills will remain available by mail through alternate delivery systems that serve all US states and territories. This includes a robust alternate supply network of abortion pills from both online vendors who ship generic abortion pills for as little as $42 with 3-day shipping, as well as volunteer groups who mail free generic abortion pills to people in restricted states who can’t afford other options. 

Given the uncertainty around the outcome of this case, we also know that many people are stocking up on mifepristone + misoprostol in case they need them later. For example, at least one pharmacy in India offers a telehealth service that includes a basic medical screening, abortion pills, anti-nausea medication, and ibuprofen for $25, with 3-4 week shipping.

Our website—plancpills.org—lists all of these routes of access, including the ecommerce sites which we continue to test for reliability. Our site also includes FAQs about using pills for self-directed care, referrals to free and confidential hotlines for support, and other person-centered resources, so no one has to go it alone.   

“We want people to know that abortion pills are everywhere. Laws and court rulings will not stop us from accessing safe abortion. Instead, restrictions of any kind will just strengthen our resolve to demonstrate new models of access that put abortion pills, and the agency to have an abortion, directly in the hands of the person who needs it.” 

• Elisa Wells, Plan C co-founder and co-director

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Your journalism can help: by letting people know there are still organizations and resources for support. 

• To find providers who mail pills to all states visit plancpills.org or ineedana.com. 
• To access medical support: the M+A Hotline
• To access peer support: Reprocare.com 
• To access free, confidential legal services: Repro Legal Helpline 
• For help finding the money for an abortion, people can ask the telehealth provider or reach out to a local abortion fund.

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About Plan C:

Plan C is a public health information campaign and a catalyst for direct access to abortion pills by mail in the US. Since 2015, Plan C has led the way in normalizing self-directed abortion care: actively increasing awareness of this safe and effective method and how people are directly accessing the medication and support services, from any state. Plan C’s comprehensive Guide to Pills indexes sources of pills through both mainstream and alternate routes, as well as FAQs and free and confidential support hotlines, all in support of safe self-directed options despite bans to care. As a creative campaign, Plan C works with creators, brands and media and builds cross-sector partnerships to make the method more known and available, especially with audiences facing the biggest barriers to care. Plan C operates under a vision of pills in hands: disentangling the method from politics and moving agency over abortion back to the individual. To learn more, visit plancpills.org or find Plan C @plancpills on Instagram, Facebook, Twitter, and TikTok. 

Abortion is basic health care and a human right. Everyone deserves full, legal access to mifepristone through clinics, telehealth, and self-managed sources in every zip code in the US. 

Plan C will continue to provide research-based information about where to obtain medication abortion, both mifepristone and misoprostol, throughout this fight. 

Previous Plan C statements on this matter:

4/8/23, on the original FDA rulings from Texas and Washington states.

4/13/23, updated to comment on the 5th Circuit ruling.

Plan C x NWHN: SCOTUS Survival Guide (Oct 2023) 

Download this briefing on the SCOTUS Mifepristone case, and what we all need to know as the courts debate access to this essential medicine. TL;DR: it's unjust, unscientific and out of step with reality -- but if the case rules against Mifepristone, there will still be routes of access from overseas via community networks.

Statement from Plan C Pills on several big developments in the abortion pills landscape

The team at Plan C is thrilled to re-share the news that California has joined New York, Washington, and three other states in signing a shield law designed to protect clinicians and pharmacists who mail abortion pills to patients in states with restricted access.

Each state’s shield law operates slightly differently, but overall these laws appear to protect clinicians who practice telemedicine abortion into restricted states, shielding them from extradition or loss of their medical license. These providers are operating in full compliance with the laws in their state that pertain to them and are adhering to standard medical protocols for abortion service delivery.

More and more patients are requesting help from providers who are willing to mail pills into restricted states under protection of these new shield laws. And just yesterday, another service launched: the Massachusetts Medication Abortion Access Project which is an asynchronous telemedicine service that provides abortion care by mail in all 50 states. ‍

How this improves access:

• Abortion pills by mail for $150 or less, 2-5 day ship time, in any state.: It’s true: people in states with abortion bans can now access modern telehealth from licensed US-based clinicians who prescribe and ship FDA approved abortion pills for $150  or less, with 2-5 day ship times. Lawyers say there is no increased legal risk to the patient, since they are receiving a US -based prescription and provider-given care.
• Thousands are using the services. This is not just a theory or future strategy: thousands of people are already using these services every month, via groups like Aid Access, Abuzz, and MAP. This is a stigma-free, equitable, and accessible model which improves access to medication abortion in all 50 states, and we’re thrilled to see how many providers are coming online to fill the need.
• CA law includes digital security protections: The California law goes one step further, including a provision that bars state-based social media companies from complying with out-of-state subpoenas or warrants, which will protect the identity of patients seeking medication - a very necessary step for this state, and one we call on others to adopt.
  The providers need funding. These innovative providers are on the cutting edge of what’s legally possible in America right now, doing incredibly necessary work, but they will need funding to continue to provide these services. Not every abortion fund is funding clinicians who operate under shield laws, but we know that Abortion Freedom Fund is specifically funding shield law providers and helping them cover part or all of the costs of this service.  
• The laws will be tested. These laws are strong, but also new and untested, and lawyers believe they will be challenged.

If you’re writing about shield laws, or looking for a source on using them to procure a medication abortion, please reach out. It’s a complex topic and we’d love to make someone available to walk you through this and the many options that remain available for abortions - including pills in advance! - in the U.S. today.

About Plan C:

Since 2015, Plan C (plancpills.org) has grown into a leading resource for abortion pills and information on how they’re used for a safe self-managed abortion. Plan C’s website and Guide includes sources of pills, referrals to medical legal and peer support hotlines, FAQs and more. Plan C works closely with partners in grassroots organizations, healthcare, creative and tech to bring this concept to the forefront and catalyze new initiatives that disrupt old barriers to access. Plan C’s mission is to destigmatize the method and make it more known and available – just like it is around the world – to help people reclaim agency over abortion in the U.S. and mitigate harm caused by state-based bans. To learn more, visit www.plancpills.org or find Plan C @plancpills on Facebook, Twitter, and Instagram.