Supreme Court Temporarily Restores Abortion Pill Access as Mifepristone Fight Continues
The Supreme Court temporarily restored broad access to the abortion pill mifepristone on Monday, putting a lower court order on hold while the justices consider whether to intervene more fully.
Justice Samuel Alito issued an administrative stay blocking the 5th U.S. Circuit Court of Appeals’ May 1 order until 5 p.m. EDT on May 11. The order keeps mifepristone access in place through mail, telehealth, and certified pharmacies while the Court reviews emergency applications from Danco Laboratories and GenBioPro. Responses are due Thursday.
The practical effect is immediate: patients and providers can continue operating under the current access rules for now. But the Supreme Court has not decided the merits of the case, and the stay could be extended, lifted, or replaced with a broader order.
The dispute centers on FDA rules governing mifepristone, one of two drugs commonly used in medication abortion. Louisiana challenged the FDA’s 2023 rules, while the drugmakers argued that the 5th Circuit order would disrupt long-standing access and create confusion for patients, providers, and pharmacies.
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The case adds another chapter to the Supreme Court’s post-Roe abortion docket. In Dobbs v. Jackson Women’s Health Organization, the Court overturned Roe v. Wade and returned abortion regulation largely to the states. In FDA v. Alliance for Hippocratic Medicine, the Court unanimously rejected a prior challenge to mifepristone access because the plaintiffs lacked standing.
The Court has also handled emergency abortion-care disputes, including Moyle v. United States, which involved whether federal emergency-care law can require hospitals to provide abortions in certain medical emergencies despite state restrictions.
For now, Monday’s order keeps access stable. The next key date is May 7, when responses are due.
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