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Supreme Court Temporarily Restores Mail and Telehealth Access to Abortion Pill

The temporary order gives the Court time to consider emergency appeals over the FDA's telehealth rule.

Overview

  • Justice Samuel Alito issued a short-term administrative stay Monday that keeps pharmacy and mail dispensing of mifepristone in place through May 11.
  • The order pauses a Fifth Circuit ruling from Friday that had revived an in-person pickup rule nationwide and blocked telehealth prescriptions.
  • Drugmakers Danco Laboratories and GenBioPro sought emergency relief after the appeals court decision, and Louisiana must file its response by Thursday.
  • Louisiana’s lawsuit claims the FDA’s 2023 move to allow remote prescribing and mail delivery was unlawful and lets residents skirt the state’s near-total abortion ban.
  • Medication abortion now makes up more than 60% of U.S. abortions, so any rule change can push patients from telehealth and pharmacies to in-person visits and slow time-sensitive care.