Mifepristone via telehealth, mail order can continue amid lawsuit, Supreme Court says

On Thursday, May 14, 2026, the Supreme Court ruled that mifepristone access via mail order and telehealth will remain in place while litigation in lower courts regarding a lawsuit filed by Louisiana against the FDA continues, according to multiple national reports, including from The New York Times and Associated Press^1,2

The decision follows a series of actions related to the ruling of a Fifth Circuit US Court of Appeals, which allowed a temporary reinstatement of a nationwide requirement that mifepristone be collected in person.³

Recent timeline for mifepristone mail order, telehealth access

The recent and latest back and forth for mail order and telehealth access of mifepristone—which has been part of a larger, continuing battle in the years since the Supreme Court overturned Roe v. Wade—began on May 1, 2026, with the federal appeals court ruling.⁴

The ruling came after a 2025 lawsuit filed by the state of Louisiana against the FDA after the Trump administration did not act on calls to reinstate in-person dispensing. In January 2026, the Trump administration sought a pause in the lawsuit.

The May 1st 3-judge panel ruling by the US Court of Appeals for the Fifth Circuit led to emergency appeals by mifepristone manufacturers Danco Laboratories and GenBioPro.³

Then, just days later, on May 4, the Supreme Court temporarily halted the ruling that would have restricted access to mifepristone. This immediate intervention allowed women who are seeking an abortion to access mifepristone either at pharmacies or via mail.

Now, with the recent May 14 order from the Court, the Fifth Circuit’s decision will remain blocked until the litigation continues in lower courts, which, according to The Times, could last for months and perhaps see the case return to the high court.¹

Regarding the larger lawsuit by the state of Louisiana, Justice Alito dissented in an application for stay regarding “Danco Laboratories, LLC v. Louisiana, et al”:

“At present, it is most unlikely that the manufacturers would be at all affected by the Fifth Circuit’s order for quite some time. That could conceivably change if the Fifth Circuit’s order were left in place and the FDA were spurred to speed up its safety review, but our disposition of this application cannot be predicated on the assumption that that will occur.”⁵

Justice Alito continued, “We must instead proceed on the basis of what is known at present, and without any current indication that the FDA plans to resume enforcing the in-person-dispensing requirement, there is no reason to believe that the manufacturers could not continue their current distribution practices.”

Following the ruling from the Supreme Court on May 14, Camille A. Clare, MD, MPH, CPE, FACOG, president of the American College of Obstetricians & Gynecologists, released the following statement:

“Today, we are relieved that the court made a decision that, for now, will help protect patients’ health. Mifepristone is an essential medication in evidence-based reproductive health care and must remain available to women across the country.”⁶

References:

1. Marimow AE. Supreme Court allows abortion pill access by mail to continue. The New York Times. Published May 14, 2026. Accessed May 15, 2026. https://www.nytimes.com/2026/05/14/us/politics/supreme-court-abortion-pill.html
2. Sherman M, Mulvihill G, Perrone M. Supreme Court preserves access to widely used abortion pill, while lawsuit plays out. The Associated Press. Published May 14, 2026. Accessed May 15, 2026. https://apnews.com/article/supreme-court-mifepristone-abortion-louisiana-637acaa2f233de067e3756bea50bd723
3. Fitch J Salor P. Supreme Court temporarily halts ruling restricting access to mifepristone. Contemproary OB/GYN. Published May 4, 2026. Accessed May 15, 2026. https://www.contemporaryobgyn.net/view/supreme-court-temporarily-halts-ruling-restricting-access-to-mifepristone
4. Fitch J. Federal appeals court temperarily blocks mifepristone orders by mail. Contemporary OB/GYN. Published May 2, 2026. Accessed May 15, 2026. https://www.contemporaryobgyn.net/view/federal-appeals-court-temperarily-blocks-mifepristone-orders-by-mailhttps://www.contemporaryobgyn.net/view/federal-appeals-court-temperarily-blocks-mifepristone-orders-by-mail
5. Thomas J. DANCO LABORATORIES, LLC v. LOUISIANA, ET AL. Supreme Court of the United States. Published May 14, 2026. Accessed May 15, 2026. https://www.supremecourt.gov/opinions/25pdf/25a1207_21p3.pdf