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NEW: SCOTUS Issues Major Decision
The Supreme Court of the United States on Monday temporarily blocked a lower-court order that would have halted the mailing of the abortion pill mifepristone, leaving current federal rules in place while the legal fight continues.
Justice Samuel Alito issued an administrative stay pausing a decision from the U.S. Court of Appeals for the Fifth Circuit. The stay is set to remain in effect until at least 5 p.m. ET on May 11, though the court could extend it depending on how the case develops.
Alito also gave the state of Louisiana until 5 p.m. Thursday to respond to emergency requests seeking to keep the lower court’s restrictions on hold while litigation proceeds.
The dispute stems from a lawsuit challenging actions by the U.S. Food and Drug Administration, which in 2023 removed a requirement that mifepristone be dispensed in person. That change allowed the medication to be prescribed via telehealth and shipped by mail, expanding access nationwide.
Drugmakers Danco Laboratories and GenBioPro asked the Supreme Court to intervene, arguing that the appeals court ruling would disrupt access to a medication that has been widely used and federally regulated for years.
Mifepristone is typically used alongside a second drug in a two-step medication abortion process and accounts for a significant share of abortions in the United States. Any change to its availability could have immediate effects on how care is delivered in many states.
The Supreme Court’s order does not resolve the underlying legal questions. An administrative stay is a temporary measure intended to preserve the status quo while the justices review emergency filings and consider whether to grant longer-term relief.
Once Louisiana files its response, the court may allow the stay to expire, extend it, or issue a broader order that keeps the lower court ruling on hold while the case continues.
For now, mifepristone remains available by mail under the FDA’s current rules as the legal battle over federal authority and abortion access moves forward.