Overview
- The Supreme Court, which acted Thursday, paused the 5th Circuit’s in-person rule so mifepristone remains available by mail and telehealth nationwide.
- The case stems from Louisiana’s suit challenging the FDA’s 2023 policy that allows telehealth prescribing and shipping, after a May 1 appeals ruling briefly revived the in‑person pickup rule.
- Drugmakers Danco Laboratories and GenBioPro sought emergency relief, warning the lower court’s order would cause immediate chaos for patients, providers, and pharmacies.
- The stay lasts through the appeal and any Supreme Court review, during which the FDA is also evaluating mifepristone’s safety rules.
- Justices Samuel Alito and Clarence Thomas dissented, invoking the Dobbs ruling and the 19th‑century Comstock Act and arguing the manufacturers failed to show irreparable harm.