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Tuesday, May 5, 2026

U.S. Supreme Court restores access to abortion pill by mail

The suit challenged the role of the FDA in approving mail delivery of the medication.

• May 4, 2026
U.S. Supreme Court
U.S. Supreme Court

The U.S. Supreme Court has temporarily restored nationwide access to the Food and Drug Administration (FDA)-approved abortion pill, mifepristone.

In an order issued on Monday, Justice Samuel Alito signed a directive pausing a decision from the U.S. Court of Appeals for the Fifth Circuit that sought to restrict distribution of the drug.

The ruling, delivered on May 1, would have prevented healthcare providers from prescribing mifepristone through the mail.

The Supreme Court’s brief order stated that the lower court’s decision will remain on hold until at least 5 p.m. EDT on May 11.

It also directed those opposing the emergency application to file their response by May 7.

The paused restrictions came after a conservative three-judge panel at a courthouse in New Orleans temporarily blocked the drug from being sent through the mail, following a lawsuit filed by the government of Louisiana.

The suit challenged the role of the FDA in approving mail delivery of the medication, arguing that it poses health risks.

Following the lower court’s decision, Danco Laboratories, one of the drug’s manufacturers, filed an urgent appeal asking the Supreme Court to intervene.

The company warned that the restrictions could disrupt time-sensitive medical care and create confusion for both patients and providers.

Mifepristone, used together with another drug called misoprostol to terminate early pregnancy, works by blocking progesterone, a hormone that supports early pregnancy.

Reacting to the Supreme Court’s temporary pause, Alexis McGill Johnson of the Planned Parenthood Action Fund said the sudden back-and-forth has already affected real lives, even as access returns to its previous state for now.

“While mifepristone access returns to where it was on Friday morning, the whiplash and chaos that patients and providers are navigating have already had real consequences for real people’s lives and futures,” he said.

Julia Kaye of the American Civil Liberties Union said the development offers only short-term relief, noting that access to the medication remains uncertain.

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