The Supreme Court building on May 4, 2026, in Washington, DC. | Andrew Harnik/Getty Images
Abortion pills have been at the center of a legal battle in the United States over the past few weeks. The dispute began in Louisiana, where the state sued the Food and Drug Administration (FDA) late last year, seeking to eliminate access to the abortion pill mifepristone through telehealth and mail order.
Fifth Circuit Court Temporarily Blocks Access
On May 1, the U.S. Fifth Circuit Court of Appeals sided with Louisiana, issuing a temporary nationwide injunction that blocked access to telehealth abortion and pills by mail.
Supreme Court Steps In, Restores Access
The Supreme Court then intervened. Justice Samuel Alito, a conservative opponent of abortion rights, temporarily restored access to the pill by telehealth and mail while the Court reviews the merits of the case. The Court has now extended its stay on the Fifth Circuit’s decision until at least 5 p.m. on Thursday as it continues deliberations.
What’s at Stake in the Case
To understand the complexities of the case and its implications, Today, Explained co-host Sean Rameswaram spoke with Alice Miranda Ollstein, a senior healthcare reporter at Politico. Below is an edited excerpt of their conversation.
Could Access to Abortion Pills Change by Week’s End?
Yes. Louisiana is pushing for the Supreme Court to allow restrictions to take effect immediately, even before the case is resolved. The state argues that every day patients in Louisiana can obtain abortion pills online and have them shipped in—despite the state’s ban—constitutes a violation of its sovereignty.
Louisiana claims that the ability of patients nationwide to access these pills via telehealth, prescribed by an online doctor and mailed to them, is helping people in their state bypass the law. They want the Supreme Court to block this access for everyone, arguing that federal policy is enabling circumvention of state law.
The drugmakers behind mifepristone are fighting back. The two companies that manufacture the abortion pill argue that there is no sovereign injury. They contend that a policy cannot be eliminated for everyone simply because some individuals are using it in a way the state dislikes. They also point out that the policy has been in effect for several years without issue, and there is no sudden emergency requiring an immediate ban.
Thus, the drugmakers urge the Supreme Court to maintain the current status quo while the case proceeds through the legal system.
Where Does the Supreme Court Stand on Abortion Pills?
Predicting the Supreme Court’s stance is challenging, as it often relies on interpreting the questions asked during oral arguments—a step that has not yet occurred in this case. Legal experts caution against reading too much into potential signals before full arguments are heard.