Supreme Court Extends Administrative Stay on Mifepristone Restrictions Until Thursday

Justice Samuel A. Alito Jr. paused a federal appeals court ruling against the Food and Drug Administration until at least Thursday, the Supreme Court announced on Monday, May 11, 2026. The extension maintains full access to the abortion pill mifepristone, including through telemedicine and the mail.

Full access by mail will continue for at least three more days as of that announcement. The Supreme Court is leaving women’s access to mifepristone untouched until at least Thursday while it considers whether to allow restrictions on the drug to take effect. Justice Alito extended the administrative stay that maintained access to mifepristone through the mail.

U.S. Court of Appeals for the Fifth Circuit halting the prescription of mifepristone via telemedicine. The new deadline set by Justice Alito is Thursday.

The Court is expected to issue one or more opinions in argued cases on Thursday. U.S. The Food and Drug Administration did not file anything with the Court regarding the stay applications.

This absence marks a departure from the usual course in which the federal government seeks intervention when a lower court blocks federal action. The justices are presumably deciding what to do about the stay applications, with possibilities including granting or denying the requests or considering certiorari before judgment on the threshold standing question.

“The justices will consider what to do with the Fifth Circuit's mifepristone order for a few more days." — Reason reporting on the administrative extension. Louisiana's arguments for Article III standing sound superficially plausible but wilt under examination, according to analysis of the underlying dispute. Even assuming Louisiana has alleged cognizable injuries, it remains fairly speculative that the alleged injuries are fairly traceable to the FDA's decision to allow mifepristone prescriptions via telemedicine. Blocking the 2023 regulatory change would provide uncertain redress. Critics of the Court's handling of the shadow docket may feel conflicted, wanting an immediate order blocking the Fifth Circuit's action while also insisting that the justices explain themselves. Drafting opinions takes time. The FDA's silence complicates the Court's consideration because the usual presumption of irreparable harm to the federal government when its actions are blocked is absent here. The Supreme Court maintains full access to the abortion pill mifepristone while it continues to decide on how to rule in a case that could narrow abortion pill access.”