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Supreme Court Weighs Mifepristone Mail Access as Temporary Stay Nears Deadline

The expiring pause forces a choice that could redefine FDA authority over drug access nationwide.

Overview

  • The Supreme Court’s temporary stay, issued Monday, keeps telehealth prescriptions and mail delivery of mifepristone in place through May 11.
  • The 5th U.S. Circuit Court of Appeals ruled May 1 to reinstate in-person dispensing rules nationwide, blocking virtual prescribing and shipping.
  • Former FDA commissioners, the drug industry’s lobby and scholars filed briefs defending the agency’s role, while more than 20 state attorneys general urged the Court to halt mail-order pills.
  • Providers describe “legal whiplash” that delays care and confuses patients, with California suppliers already shifting to misoprostol-only protocols that can still be mailed.
  • The FDA has launched a safety review due in the fall, and experts warn that letting states override FDA decisions could upend science-based drug regulation far beyond abortion care.