Danco seeks Supreme Court relief over mifepristone access ruling
Updated
Updated · POLITICO · May 2
Danco seeks Supreme Court relief over mifepristone access ruling
18 articles · Updated · POLITICO · May 2
After the 5th Circuit declined to pause its 3-0 decision, Danco warned nationwide uncertainty unless justices restore mail and telehealth access.
The ruling, backed by Louisiana, revives in-person physician dispensing and affects a drug used in nearly two-thirds of US pregnancy terminations; GenBioPro is also expected to appeal.
Doctors can still prescribe misoprostol by telehealth, but biotech leaders say the decision could weaken FDA authority and invite challenges to other politically contested medicines.
How could new federal safety reviews and investigations impact the future availability and perception of mifepristone in the U.S.?
If the Supreme Court upholds mail restrictions, how might patients in rural or underserved areas access mifepristone safely and legally?
What are the broader implications for FDA authority if courts can overturn scientific drug regulations based on state challenges?
Supreme Court Faces Urgent Decision as 65% of U.S. Abortions Lose Telehealth Access Due to 5th Circuit Mifepristone Ruling
Overview
In late April 2026, the Fifth Circuit Court reinstated the in-person dispensing requirement for the abortion medication mifepristone, halting nationwide mail delivery and telehealth access. This ruling followed a lawsuit by Louisiana challenging the FDA's 2023 decision to allow mail delivery, citing safety and state law conflicts. The ruling disrupted access for most medication abortion patients, causing travel burdens and confusion among providers. In response, Danco Laboratories filed emergency motions with the Fifth Circuit and the Supreme Court to restore access. This legal battle highlights a growing conflict between federal drug regulation and state abortion restrictions, with nationwide implications for healthcare access and federal authority.