Justice Samuel Alito on Monday issued a temporary stay blocking an appellate court order that had restricted a Food and Drug Administration rule allowing the abortion pill mifepristone to be prescribed online and delivered by mail. The administrative stay, granted to drugmakers Danco Laboratories and GenBioPro, will remain in effect until May 11, giving the Supreme Court of the United States additional time to consider emergency appeals seeking to preserve access while litigation continues. Alito also directed Louisiana officials to respond to the appeals by Thursday.
The case marks the second time the high court has been asked to weigh in on mifepristone access since the overturning of Roe v. Wade in 2022. Anti-abortion groups have long challenged the FDA’s approval and subsequent regulatory easing of the drug, including measures introduced since 2016 that expanded eligibility, allowed telehealth prescriptions, and removed in-person dispensing requirements. In 2024, the Supreme Court unanimously dismissed a similar challenge, ruling that the plaintiffs lacked legal standing to sue.
The latest dispute stems from a lawsuit filed by Louisiana, which argues that the FDA’s 2023 rule permitting mail delivery of mifepristone undermines state abortion laws and imposes healthcare costs. The U.S. Court of Appeals for the Fifth Circuit sided with the state, citing Medicaid expenses tied to complications from the drug and temporarily blocking the rule. Drugmakers warned the decision could cause nationwide disruption, creating uncertainty for patients and providers and potentially delaying access to time-sensitive care, even in states where abortion remains legal.
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