Alito Temporarily Restores Mifepristone Mail Rule, Orders Responses

Justice Samuel Alito issued a temporary administrative stay restoring the FDA rule that allows mifepristone to be prescribed by telehealth and dispensed by mail, granting emergency relief to Danco Laboratories and GenBioPro until 5 p.m. on May 11.

The move responds to a 5th Circuit panel decision on Friday that temporarily blocked the FDA's 2023 change to lift in-person dispensing, after Louisiana sued saying mail delivery undermines its abortion ban.

Danco Laboratories and GenBioPro asked the justices for emergency relief, saying the 5th Circuit order creates "immediate confusion and upheaval," while the 5th Circuit said the rule "injures Louisiana" and cited Medicaid spending for emergency care.

Mifepristone was approved in 2000 and the FDA lifted the in-person dispensing requirement in 2023, and providers warned the 5th Circuit order threatened nationwide access to medication abortions that make up the majority of U.S. abortions.

Alito set a Thursday deadline for Louisiana to respond and his administrative stay will remain until 5 p.m. on May 11 while the Supreme Court considers whether to take up the companies' emergency appeals.