Supreme Court Temporarily Restores FDA Rule on Mailed Abortion Pills

The U.S. Supreme Court on Monday temporarily restored a Food and Drug Administration rule that allows mifepristone to be dispensed by mail. Associate Justice Samuel Alito issued an administrative stay halting a ruling by the 5th U.S. Circuit Court of Appeals that had blocked the rule.

, which makes the generic version. Both companies appealed the 5th Circuit’s May 1 decision, arguing it created immediate uncertainty for patients and providers. The Supreme Court in 2024 had unanimously rejected a separate challenge to FDA actions on mifepristone dating back to 2016.

The FDA approved mifepristone in 2000. Since 2016 the agency has allowed the drug to be taken later in pregnancy, expanded the types of healthcare providers who may prescribe it, and removed the in-person dispensing requirement. In 2023 the FDA formally authorized prescriptions through telehealth and dispensing through the mail.

” The panel said the balance of equities and public interest weighed in favor of Louisiana, which sued the FDA in 2025. Louisiana’s lawsuit argues the mail-order policy undermines the state’s abortion ban enacted after the Supreme Court’s 2022 decision overturning Roe v.

Wade. The state enacted a 2024 law designating mifepristone and misoprostol as controlled substances and criminalizing possession without a prescription.

The 5th Circuit documented that Louisiana’s Medicaid program covered emergency-room care for two women who experienced complications after receiving mifepristone from an out-of-state provider. It also stated the new regulation resulted in numerous illegal abortions in Louisiana. The appeals court issued a stay under 5 U.S.C. § 705 pending appeal.

A federal district court in Louisiana had paused the underlying litigation in April while the FDA reviewed the drug’s safety. Danco and GenBioPro filed their emergency appeals on May 2. The justices requested a response from Louisiana by May 7.