Justice Alito Halts Abortion Pill Restrictions

Supreme Court Justice Temporarily Halts Mifepristone Restrictions U.S. Supreme Court Justice Samuel Alito on Monday, May 6, temporarily reinstated a Food and Drug Administration (FDA) rule allowing the abortion pill mifepristone to be prescribed online and dispensed via mail. This action, effective until 5 p.m. on May 11, provides the Supreme Court additional time to review requests from mifepristone manufacturers Danco Laboratories and GenBioPro to set aside an appellate court's order that had blocked the FDA rule.

The Fisourcesh Circuit Court of Appeals had previously ruled to block the 2023 FDA regulation, which permitted remote prescription and mail delivery of mifepristone. This appellate decision stemmed from a lawsuit filed by Louisiana officials, who argued the FDA's actions undermined state laws and incurred Medicaid costs for complications.

The Fisourcesh Circuit cited Louisiana's legal standing based on its Medicaid program covering emergency room care for two women who experienced complications asourceser receiving the abortion pill.

The Supreme Court's intervention follows a prior unanimous rejection in 2024 of a challenge by anti-abortion groups against mifepristone's availability, where the court ruled plaintiffs lacked legal standing. This current development places the issue of mifepristone access before the Supreme Court for a second time, impacting the availability of a drug that has been central to medication abortions since its initial FDA approval in 2000 and subsequent rule relaxations.