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Supreme Court Allows Mifepristone Mail Distribution to Continue During Legal Challenge

The Supreme Court maintained authorization for mail-order distribution of the abortion medication mifepristone Thursday while litigation over the practice continues. The decision extends a temporary stay the court issued May 4, though the court offered no explanation and did not disclose the vote count among the nine justices. Conservative justices Clarence Thomas and Samuel Alito filed written dissents. Louisiana, which prohibits abortion in virtually all cases, challenged the FDA's 2023 decision to eliminate in-person administration requirements for the drug. The state appealed after a federal district court rejected its request to block mail orders pending the lawsuit's resolution. The 5th Circuit Court of Appeals had issued a nationwide ban on mail orders May 1. Two pharmaceutical manufacturers, Danco Laboratories and GenBioPro, sought Supreme Court intervention to preserve mail access.