The U.S. Supreme Court has temporarily restored access to the abortion pill mifepristone, allowing it to be prescribed via telehealth and delivered by mail. The emergency stay was issued on Monday, following concerns that restricting access to the drug would create chaos for patients with appointments already scheduled.
The Supreme Court’s Decision
The Court’s “administrative stay” is not a final ruling but rather keeps the current access rules in place temporarily while the justices review emergency appeals.
The stay pauses the ruling from the conservative 5th U.S. Circuit Court of Appeals, which had reinstated a nationwide requirement that mifepristone be obtained in person, potentially disrupting access to the drug used in more than half of all abortions in the U.S. since the Supreme Court overturned Roe v. Wade.
Justice Samuel Alito issued the temporary stay, which will remain in effect until May 11, 2026. He has requested responses to the emergency appeals by Thursday.
The appeal was filed by Danco Laboratories, the maker of mifepristone, and GenBioPro, which produces a generic version of the drug. Both companies warned that the 5th Circuit ruling would cause “immediate confusion and upheaval” for patients who rely on the drug for abortion care.
Background on the Legal Challenge
The case brings mifepristone back before the Supreme Court less than two years after the justices rejected a similar challenge. At that time, the Court allowed the medication to remain widely available. This current case centers on whether the restrictions imposed by the 5th Circuit should be upheld or reversed.
The issue began after the Roe v. Wade decision was overturned in 2022, leading to a wave of conservative states enacting abortion bans or severe restrictions. Medication abortion, which includes mifepristone as one of the two key drugs, became more common in response.
In 2023, the Biden administration finalized rules that allowed women to obtain mifepristone via telehealth appointments, ending the previous in-person requirement.
Safety and Use of Mifepristone
Research from the Guttmacher Institute shows that medication abortions now account for more than 60% of abortions in the U.S. As for safety, data indicates that mifepristone is overwhelmingly safe, with fewer reported side effects than medications like Viagra or penicillin, according to a CNN analysis.
However, the drug has been controversial, especially in conservative states, with Louisiana suing the Biden administration, arguing that the regulation of telehealth access undermines its own abortion ban. The state’s Attorney General, Liz Murrill, expressed her opposition, saying in a statement that the emergency stay was sought by “big abortion pharma” to maintain profits.
