Supreme Court temporarily halts ruling restricting access to mifepristone

Days after a federal appeals court temporarily blocked a federal ruling allowing mail orders of mifepristone, today, May 4, the Supreme Court moved to temporarily restore broad access to the medication, according to multiple outlets.^1,2

As reported by the Associated Press, Justice Samuel Alito signed an order that will, on a temporary basis, allow women who are seeking an abortion to access mifepristone either at pharmacies or via mail. Women would not be required to see a physician in person in order to obtain the medication.¹

Last week, according to an article from CNN, a ruling from the 5th US Circuit Court of Appeals allowed the temporary reinstatement of a nationwide requirement that the abortion pills be collected in person.³

That ruling followed a lawsuit filed by Louisiana in 2025 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. At the time, the Justice Department’s filing for the pause stated if the case moves forward while the FDA is actively investigating current regulations would “judicial resources because FDA’s own review may eliminate any need for the Court’s.”³

After the 5th US Circuit Court of Appeals ruling, mifepristone manufacturer Danco Laboratories and GenBioPro, manufacturer of a generic version of mifepristone, filed emergency appeals; Alito’s order is intended to allow the court to review them.²

In a statement following last week’s ruling, Molly Meegan, JD, the Chief Legal Officer of the American College of Obstetricians & Gynecologists, wrote:

“Mifepristone is one of the most studied medications on the market and in conclusively safe, including when prescribed through telehealth and dispensed via mail. The Court’s decision to restrict access to this medication infringes on patients’ access to health care, including mifepristone, should be available to the women of America without unnecessary burdens and barriers; they deserve no less.”⁴

Per CNN, Alito’s order is in effect until May 11, with responses to the case requested by Thursday, May 7.²

REFERENCES

1. Sherman M, Mulvihill G. Supreme Court restores access to abortion pill mifepristone through telehealth, mail and pharmacies. Associated Press. May 4, 2026. Accessed May 4, 2026. https://www.yahoo.com/news/articles/supreme-court-restores-access-abortion-145359847.html

2. Fritze J. Supreme Court temporarily restores ability to receive abortion drug mifepristone by mail. CNN. May 4, 2026. Accessed May 4, 2026. https://www.cnn.com/2026/05/04/politics/supreme-court-abortion-mifepristone

3. Sneed T. Appeals court blocks FDA rule that allows women to obtain abortion drugs by mail. CNN. Published May 1, 2026. Accessed May 4, 2026. https://www.cnn.com/2026/05/01/politics/mifepristone-access-fda-ruling

4. Statement from ACOG Chief Legal Officer, Molly Meegan, JD on the fifth US circuit court of appeals decision on mifepristone. Instagram. Published May 2, 2026. Accessed May 4, 2026. https://www.instagram.com/p/DX2JsWDCQu-/