Supreme Court temporarily restores nationwide access to mifepristone by mail
Updated
Updated · The New York Times · May 4
Supreme Court temporarily restores nationwide access to mifepristone by mail
33 articles · Updated · The New York Times · May 4
Justice Samuel Alito paused the Fifth Circuit's Friday ruling until at least May 11 and ordered briefs by Thursday after Danco Laboratories and GenBioPro sought emergency intervention.
The lower-court order had barred telemedicine prescribing and mailing of the abortion pill, reviving in-person dispensing rules and creating confusion for providers and patients nationwide.
The Louisiana-led challenge targets FDA mail access rules as states remain split after Roe's reversal; medication abortions account for nearly two-thirds of US abortions, with about one-quarter provided via telemedicine.
How will the administration's upcoming review of mifepristone permanently reshape the future of medication access in the U.S.?
With mifepristone access secured for just one week, what does this mean for the FDA's authority over other approved drugs?
After 25 years of use, why is a medication's safety being debated in court rather than by scientific experts?
Legal Clash Over Mifepristone Access: Fifth Circuit Ruling vs. FDA’s Telemedicine Policy in 2026
Overview
In early May 2026, the Fifth Circuit Court reinstated a nationwide in-person requirement for dispensing the abortion medication mifepristone, overturning the FDA's 2023 rule that allowed mail and telemedicine access. This ruling caused immediate disruption to patients, providers, and pharmacies, especially impacting vulnerable populations and states protecting abortion rights. In response, Danco Laboratories filed an emergency motion with the Supreme Court, which led Justice Alito to issue a temporary stay reinstating the FDA's rule until May 11. The legal battle originated from Louisiana's lawsuit challenging the FDA's removal of the in-person requirement, highlighting a clash between federal regulatory decisions and state sovereignty over abortion access.