The Supreme Court on Monday temporarily restored mail-order prescribing of mifepristone, pausing a lower court decision that sharply restricted access to the abortion pill. Justice Samuel Alito's one-week stay, issued in response to requests from drugmakers Danco Laboratories and GenBioPro, keeps the drug available via teleprescribing and mail delivery for now.
The stay does not resolve the underlying legal challenge, but it is likely to reduce confusion among pharmacies, telehealth firms, and providers about what is allowed, even in states where abortion remains legal. The case could make abortion access a top-tier political issue heading into the midterm elections.
The order stems from a 5th Circuit ruling on Friday that sided with Louisiana in a case against Biden administration rules expanding access to mifepristone. Louisiana argued those rules undermined its laws protecting unborn human life and forced the state to spend Medicaid funds on emergency care for women harmed by the drug.
Parties in the case must file responses by Thursday. The temporary reprieve gives the Court time to consider broader arguments, though the stay itself does not signal how the justices will ultimately rule on the underlying dispute over federal versus state authority.
Abortion opponents criticized the decision, arguing that mail-order distribution evades state-level restrictions and endangers women's health. They view the case as a critical test of states' power to regulate abortion across state lines.