A recent decision by the Supreme Court has extended a temporary order allowing the distribution of the abortion pill mifepristone via mail, maintaining access across the United States at least until May 14. This follows a ruling by Justice Samuel Alito, who prolonged the administrative stay he initially placed on a decision made by the U.S. Court of Appeals for the 5th Circuit. The appeals court had ruled in favor of requiring in-person dispensing of the drug, aligning with Louisiana’s legal stance against mail distribution.
The Supreme Court has now intervened twice in legal matters surrounding mifepristone. Notably, in the 2024 case of FDA v. Alliance for Hippocratic Medicine, the justices decreed that medical professionals opposing the drug’s altered restrictions, such as mailing through certified pharmacies, lacked sufficient grounds to challenge the FDA’s policies. These changes allowed for mifepristone’s use up to the 10th week of pregnancy and enabled prescriptions via telehealth, following the rollback of earlier restrictions.
Louisiana’s argument emphasized that mailing the drug bypasses its stringent abortion legislation, potentially leading to regulatory and financial burdens on the state. They cited, among other concerns, incurred Medicaid costs tied to medical cases resulting from mifepristone use. Despite these contentions, drug manufacturers Danco Laboratories and GenBioPro pressed the Supreme Court to maintain the mail distribution, arguing that halting the 5th Circuit’s order would uphold the enduring status quo until the FDA concludes its review of the drug’s safety.
The temporary pause was initially set to expire on May 11, but was later extended until May 14 to provide the justices additional time to deliberate on the implications of the drug companies’ appeals. For further details, see the full text published on SCOTUSblog.