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Nebraska leads 23-state coalition asking Supreme Court to uphold Mifepristone stay

Nebraska says the FDA’s 2023 rule lets out-of-state doctors ship mifepristone into the state, bypassing local abortion drug regulations.

  • On Thursday, Nebraska Attorney General Mike Hilgers filed an amicus brief on behalf of 23 states asking the Supreme Court to maintain a lower court's stay of federal regulations that removed in-person dispensing requirements for Mifepristone.
  • Louisiana Attorney General Liz Murrill previously challenged the Food and Drug Administration's rule, arguing it relied on flawed data; the Fifth Circuit unanimously agreed the regulation was unlawful.
  • According to Hilgers, the stayed rule has "the practical effect" of allowing non-Nebraska doctors to prescribe Mifepristone to patients and ship that drug across state lines to Nebraska women.
  • Kentucky Attorney General Russell Coleman joined the brief, asserting the "Biden Administration" created "the floodgates for mail order abortion pills" in violation of Kentucky's House Bill 3.
  • If the Supreme Court upholds the stay, Mifepristone remains available to patients who comply with state regulatory requirements, reflecting Hilgers' hope that justices will recognize states' authority to protect their citizens.
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ABC News 8 Lincoln KLKN broke the news in Lincoln, United States on Thursday, May 7, 2026.
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