Supreme Court Temporarily Pauses Restrictions on Abortion Pill Access

Washington — The Supreme Court on Monday issued an administrative stay, temporarily blocking a lower court ruling that would have restricted access to mifepristone, a drug used in approximately 60% of abortions nationwide. Justice Samuel Alito, who handles emergency requests from the 5th Circuit, issued the order, setting a deadline of 5 p.m. EDT on Thursday, May 7, for the Food and Drug Administration (FDA) and the state of Louisiana to respond. The stay is scheduled to expire at 5 p.m. EDT on Monday, May 11.

The case stems from a lawsuit filed in federal court in Texas by individual doctors and medical groups opposed to abortion. The plaintiffs asked U.S. District Judge Matthew Kacsmaryk to rescind the FDA's initial approval of mifepristone in 2000, as well as subsequent expansions of access to the drug in 2016 and 2021. Judge Kacsmaryk suspended the FDA’s approval. The FDA and Danco Laboratories, a manufacturer of mifepristone, appealed the decision to the 5th Circuit Court of Appeals.

The appeals court upheld Judge Kacsmaryk’s ruling regarding the FDA’s 2016 and 2021 changes, which had broadened access to mifepristone. These changes included allowing the drug's use through the tenth week of pregnancy, permitting healthcare providers who are not physicians to prescribe it, and authorizing prescription without an in-person visit.

In October 2025, Louisiana filed a lawsuit seeking reinstatement of the in-person dispensing requirement. The state argued that the FDA's allowance of telehealth prescriptions and mail delivery of mifepristone violates Louisiana's abortion laws. Following a federal judge’s decision to put the case on hold pending the FDA's review of mifepristone's safety, Louisiana petitioned the 5th Circuit to reimpose the in-person requirement during litigation.

The 5th Circuit ruled that Louisiana has the right to sue, citing the FDA's allowance of remote prescriptions. Danco Laboratories and GenBioPro, another manufacturer of mifepristone, filed emergency applications with the Supreme Court, requesting a stay of the 5th Circuit's ruling.

Danco argued that Louisiana's lawsuit is similar to a 2024 case, *FDA v. Alliance for Hippocratic Medicine*, in which the Supreme Court ruled that doctors and medical groups lacked the legal standing to challenge the FDA's expansion of access to mifepristone. Danco contended that the 5th Circuit should have applied to similar analysis used in that decision. GenBioPro argued that the 5th Circuit’s ruling would eliminate access to mifepristone via certified pharmacies and mail delivery, nationwide.