Supreme Court Again Asked to Weigh In on Abortion Pill Access

Danco Laboratories and GenBioPro, manufacturers of mifepristone, on Saturday filed requests with the Supreme Court to halt a lower court ruling regarding the drug's distribution. The companies are challenging a decision by the U.S. Court of Appeals for the 5th Circuit that would require the drug to be dispensed in person.

The 5th Circuit ruling stems from a lawsuit filed by Louisiana. The state seeks to reinstate the in-person dispensing requirement, arguing that the Food and Drug Administration's (FDA) current policies violate state abortion laws and cause harm to residents. Louisiana filed suit in federal court in October 2025 after a prior Supreme Court ruling.

Mifepristone is used in approximately 60% of abortions in the United States, according to data.

In their filings, Danco Laboratories described the 5th Circuit’s order as one that “injects immediate confusion and upheaval into highly time-sensitive medical decisions.” GenBioPro stated the order “has unleashed regulatory chaos.”

The legal battle over mifepristone dates back to a 2024 case, *FDA v. Alliance for Hippocratic Medicine*. In that case, doctors and medical groups opposed to abortion challenged the FDA's expansion of access to mifepristone. A federal judge in Texas initially suspended the FDA's approval of the drug and later changes that expanded access, including allowing its use through the 10th week of pregnancy and permitting non-physicians to prescribe it.

The 5th Circuit upheld part of the lower court’s ruling, rolling back the FDA's 2016 and 2021 changes. However, the Supreme Court temporarily blocked the 5th Circuit's ruling in April 2023, ensuring continued access to the drug. In June 2024, the Supreme Court reversed the lower court’s ruling, sending the case back to the lower courts.

Justice Brett Kavanaugh, in his opinion for the court in the prior case, stated that the plaintiffs lacked legal standing to challenge the FDA’s actions because they could not demonstrate they would be harmed by the FDA's mifepristone policies.

Louisiana, in its lawsuit, argues it has standing because the FDA's policies have led to increased abortions in the state, straining resources and conflicting with state law. The state also contends that complications from medication abortions have resulted in emergency room visits, creating a financial burden.

The drug companies' requests will initially go to Justice Samuel Alito, who handles emergency requests from the 5th Circuit. Alito is expected to request a response from Louisiana before acting on the requests.