Supreme Court extends mail access to abortion pill mifepristone

The U.S. Supreme Court issued emergency orders, led by Justice Samuel Alito, to keep women’s ability to obtain the abortion medication mifepristone by mail and at pharmacies while the Court reviews two related cases. The orders, first extended to May 11 and then to May 14, and subsequently for an additional three days, block a Fifth Circuit ruling that would have suspended mail and telehealth dispensing of the pill.

The dispute stems from a lawsuit filed by Louisiana seeking to roll back the FDA’s 2023 policy that permits mail and telehealth distribution of mifepristone, arguing the policy is unlawful and unsafe. Drug manufacturers Danco Laboratories and GenBioPro filed emergency requests to prevent the state’s ban, warning that a patchwork of state regulations would threaten pharmaceutical innovation and public health. A coalition of 22 state attorneys general, including Pennsylvania and California, filed an amicus brief supporting continued mail access, citing the need for rural and underserved patients.

The Court’s temporary orders keep the existing nationwide access in place while it considers the legal arguments, and the justices are expected to continue deliberations through Thursday.