MAY 4, 2026
Supreme Court temporarily restores telehealth and mail access to abortion pill mifepristone for one week
Supreme Court Justice Samuel Alito on Monday issued an administrative stay temporarily restoring telehealth prescribing and mail delivery of the abortion pill mifepristone, blocking a ruling from the U.S. Court of Appeals for the 5th Circuit that had reinstated an in-person requirement for obtaining the drug. The stay is in effect through 5 p.m. on May 11, while the court reviews emergency appeals filed by mifepristone manufacturer Danco Laboratories and generic maker GenBioPro. Alito ordered all parties in the Louisiana-initiated lawsuit to file briefs by 5 p.m. on Thursday, May 7.
The 5th Circuit issued its ruling on Friday, immediately reimposing a nationwide requirement that patients obtain mifepristone through an in-person doctor's visit — reversing rules the Biden administration finalized in 2023 that had allowed telehealth prescriptions and mail delivery since the Covid-19 pandemic. That lower court decision prompted emergency appeals to the Supreme Court over the weekend from the drug's two manufacturers.
Danco Laboratories told the Supreme Court that the 5th Circuit order "injects immediate confusion and upheaval into highly time-sensitive medical decisions," according to CNN. GenBioPro said the ruling risked "abruptly cutting off access for patients nationwide." Alito's administrative stay, which handles the emergency posture from the New Orleans-based 5th Circuit, halts that lower court ruling while the full court considers the petitions.
The underlying lawsuit was filed by the state of Louisiana, which asserted that the FDA's 2023 rule change — which ended the in-person requirement for mifepristone — undermined Louisiana's own abortion ban. A federal district court in April had declined to restrict access to the drug pending an FDA safety review, according to CNN. The 5th Circuit then moved to reimpose restrictions, prompting the emergency Supreme Court action.