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Supreme Court Halts Abortion Pill Mail Ban Through May 11

The order keeps pills available by mail pending a fight over FDA authority.

Overview

  • The Supreme Court, which issued an order Monday, paused a lower-court ruling and restored mailing and telemedicine prescribing of mifepristone until May 11.
  • A conservative appeals court on May 1 had moved to cut off mail delivery, reduce the common use limit from 10 weeks to 7 weeks, and require prescriptions only from physicians nationwide.
  • Danco, the drug’s U.S. distributor, asked the justices for emergency relief, saying the appeals court order created immediate confusion for manufacturers, pharmacies, providers, and patients.
  • The dispute stems from Louisiana’s challenge to the FDA’s 2023 decision that ended in-person pickup, even though federal scientists said the drug’s risks remained low.
  • A federal judge in April put the case on hold and told the FDA to report back on safety within six months, but the appeals court overrode that pause, reviving a national fight over abortion access after Dobbs, with about twenty states already banning or tightly restricting the procedure.