WASHINGTON — The Supreme Court of the United States on Monday temporarily blocked a lower court ruling that would limit nationwide access to the abortion drug mifepristone, as Justice Samuel Alito issued an order to allow more time for review of the case.
Alito granted the administrative stay to pause a decision by the U.S. Court of Appeals for the Fifth Circuit that had blocked a 2023 regulation by the U.S. Food and Drug Administration allowing the drug to be prescribed via telehealth and mailed to patients. The stay will remain in effect until May 11.
The FDA rule permits doctors to prescribe mifepristone remotely and send it by mail to patients, including those in states where abortion is restricted. The Fifth Circuit ruling would require patients to obtain the drug in person from a doctor or pharmacy.
Mifepristone, used with misoprostol, is a common method for ending pregnancies and managing miscarriages in the United States. Data from the Society of Family Planning shows that by 2024, one in four abortions occurred through telemedicine.
The appeals court decision stems from a lawsuit filed in Louisiana. If implemented, it would halt the mailing of abortion pills and affect telehealth access in states with abortion restrictions.
Abortion rights advocates said the ruling restricts access to remote abortion services. Mini Timmaraju, head of Reproductive Freedom for All, said the case relies on disputed scientific claims and targets access to the medication.
Anti-abortion groups supported the ruling. Live Action said the decision moves toward ending mail distribution of abortion drugs. Its founder, Lila Rose, said the medications should not be distributed without in-person medical supervision.
The FDA approved mifepristone in 2000 and later authorized generic and additional versions. Texas and Florida have challenged the agency’s approval, arguing it did not follow proper safety procedures.
Under a 2025 Texas law, House Bill 7, individuals or companies that prescribe or distribute abortion-inducing drugs can face civil penalties of up to $100,000. At the same time, 22 states have enacted “shield laws” that protect healthcare providers who prescribe such medications to patients in states with abortion restrictions.
The impact of the appeals court ruling on ongoing lawsuits remains unclear. Ken Paxton has filed cases against healthcare providers in California and Delaware over prescriptions of mifepristone.