Supreme Court Extends Order on Abortion Pill Access

The Supreme Court granted a temporary extension regarding the distribution of mifepristone, one of two drugs used in medication abortions. Justice Samuel Alito prolonged a previously issued pause on a ruling from the U.S. Court of Appeals for the 5th Circuit in Louisiana. The appeals court ruling sought to reinstate a requirement that mifepristone be dispensed in person.

Alito's extension, issued May 11, delays the appeals court's order until 5 p.m. EDT on May 14. He originally imposed the temporary pause, also known as an administrative stay, on May 4.

The manufacturers of mifepristone, Danco Laboratories and GenBioPro, requested the Supreme Court's intervention on May 2. They sought to pause the 5th Circuit's order, arguing it would disrupt the current distribution method of allowing mifepristone to be sent by mail. GenBioPro told the court that halting the 5th Circuit order would maintain the status quo while the Food and Drug Administration continues its safety review of mifepristone. The company argued that forcing in-person dispensing would cut off access nationwide, even in states where abortion remains legal.

Louisiana argued it has the right to sue, citing injury to its sovereignty and increased financial burdens. The state said it faced costs investigating out-of-state shipments of mifepristone. Louisiana also claimed increased Medicaid expenses from emergency room visits related to mifepristone usage.

The Supreme Court previously addressed mifepristone access in 2024. In FDA v. Alliance for Hippocratic Medicine, the court unanimously ruled that doctors and medical groups opposing abortion lacked legal standing to challenge the FDA's relaxed restrictions. Those restrictions included allowing the drug's use through the tenth week of pregnancy and permitting telehealth prescriptions with mail delivery.