The U.S. Supreme Court on Thursday granted emergency requests from drugmakers Danco Laboratories and GenBioPro, ensuring the abortion pill mifepristone remains available by mail nationwide while litigation continues.
The ruling blocks a May 1 decision from the New Orleans-based 5th U.S. Circuit Court of Appeals that would have reinstated requirements for in-person doctor visits to obtain Mifepristone.
The appellate court had sided with Louisiana in its legal challenge against a Food and Drug Administration regulation issued during the Biden administration, which permits the medication to be prescribed through telehealth and dispensed by mail, according to NBC News.
Supreme Court's Ruling
The 5th Circuit's three-judge panel had unanimously determined Louisiana was likely to succeed in its lawsuit, arguing the policy undermines the state's abortion ban and raises safety concerns about the drug.
Danco Laboratories and GenBioPro filed their emergency applications with the Supreme Court on May 2, one day after the appellate court temporarily halted mail deliveries.
The pharmaceutical companies argued that Louisiana lacks legal standing to challenge the regulation, citing the Supreme Court's 2024 ruling that dismissed a similar challenge to mifepristone's approval because plaintiffs could not demonstrate harm.
They contended that blocking mail-order prescriptions would significantly disrupt their operations and limit nationwide access to the medication.
The FDA eliminated in-person requirements for mifepristone in 2021 during the COVID-19 pandemic and made the change permanent in 2023.
The agency's current policy allows certified healthcare providers to prescribe mifepristone and certified pharmacies to dispense it through mail using tracking services. Mifepristone is used in approximately 60 percent of abortions in the United States, making it one of the most common abortion methods, Reuters reported.
Louisiana filed its lawsuit against the FDA in October, alleging the agency overlooked safety concerns associated with expanded access to mifepristone, despite repeated affirmations of the drug's safety and efficacy by FDA scientists. The state claims telemedicine access violates its abortion restrictions.
A Louisiana district court had previously granted the Trump administration's request to pause the lawsuit while the FDA reviews the pill's safety, with a status report due in October.
The Supreme Court's decision represents a setback for Louisiana and ensures mifepristone distribution will not be interrupted during ongoing legal proceedings. Access to the medication is expected to remain uninterrupted at least until next year as the case moves through lower courts, with a possible appeal to the Supreme Court, as per PBS.
© 2026 HNGN, All rights reserved. Do not reproduce without permission.
