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Supreme Court allows mail-order of abortion pill mifepristone pending appeal

The justices kept FDA mail-order rules in place while Louisiana’s challenge continues, preserving access to a drug used in nearly two-thirds of U.S. abortions.

  • On Thursday, May 14, 2026, the Supreme Court preserved access to the abortion drug mifepristone, rejecting lower-court restrictions that would have halted mail-order prescriptions while the legal challenge continues.
  • The New Orleans-based 5th U.S. Circuit Court of Appeals ordered the FDA to change rules for the medication on May 1, responding to Louisiana's lawsuit that blocked mail-order access to the drug.
  • Danco Laboratories, which manufactures the brand-name version Mifeprex, warned the ruling would be "direct, immediate, and chaotic," preventing patients from picking up prescriptions even in-person at pharmacies.
  • Louisiana Attorney General Liz Murrill argued that "hundreds of abortions are occurring every month" in the state despite bans, while Justices Clarence Thomas and Samuel Alito dissented from the emergency order.
  • Access will likely remain uninterrupted until next year as the case proceeds, though the FDA is currently reviewing safety protocols that could eventually overturn mail-order availability.
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The decision temporarily reinstates a 2023 federal rule challenged by the Republican-governed state of Louisiana, which had eased access to the drug.

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Ms. Magazine broke the news on Thursday, May 14, 2026.
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