The U.S. Supreme Court has temporarily restored access to the abortion drug mifepristone, halting a lower court ruling that would have blocked its distribution by mail. Justice Samuel Alito signed an administrative stay on Monday, lifting restrictions that previously mandated in-person visits to a doctor or clinic to obtain the medication.
This decision follows a Friday ruling from the 5th U.S. Circuit Court of Appeals, led by Judge Kyle Duncan, a Trump appointee. The panel’s decision overturned years of precedent, including the FDA’s 2000 approval of mifepristone and a 2024 Supreme Court ruling that unanimously protected access to the drug.
The case originated from a lawsuit filed by the state of Louisiana, which argued that allowing mail access to mifepristone violated its state abortion bans. Judge Duncan’s ruling stated,
“Every abortion facilitated by FDA’s action cancels Louisiana’s ban on medical abortions and undermines its policy that ‘every unborn child is human being from the moment of conception and is, therefore, a legal person.’”
Justice Alito, known for his conservative stance, issued a limited stay of just one week, unlike his usual indefinite administrative stays. Given the Supreme Court’s 6-3 conservative majority, his temporary measure may signal strategic timing rather than outright support for mifepristone. A broader ban on the drug, not just its mail distribution, could be under consideration in future rulings.
Both parties in the case have one week to respond before the Supreme Court reviews the matter further.
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