Supreme Court Temporarily Restores Mail-Order Access to Abortion Pill Mifepristone
Justice Samuel Alito issued a temporary stay reinstating the ability to obtain mifepristone via mail and telehealth, pending further Supreme Court review.
On May 4, 2026, Supreme Court Justice Samuel Alito temporarily reinstated access to the abortion pill mifepristone through mail and telehealth services. This decision pauses a recent ruling by the 5th U.S. Circuit Court of Appeals that had imposed restrictions on the drug's distribution.
The 5th Circuit's ruling, issued on May 1, 2026, required mifepristone to be dispensed only in person at clinics, effectively blocking its distribution via mail. This decision challenged the FDA's 2023 regulation that permitted remote prescription and mailing of the medication.
In response, pharmaceutical companies Danco Laboratories and GenBioPro filed emergency appeals to the Supreme Court, arguing that the appellate court's decision caused immediate confusion and disrupted time-sensitive medical decisions.
Justice Alito's order restores the previous FDA rules, allowing mifepristone to be prescribed via telehealth and delivered by mail, at least until May 11, 2026, while the Supreme Court considers the case further.
Mifepristone, typically used in combination with misoprostol, accounts for the majority of medication abortions in the United States. The availability of these drugs has been a focal point in the ongoing national debate over abortion access, especially following the Supreme Court's 2022 decision to overturn Roe v. Wade.