Bond.az - The Supreme Court issued a stay allowing mifepristone to be dispensed by mail while a legal challenge proceeds. The order halts a May 1, 2026 Fifth Circuit ruling that would have reinstated an in-person dispensing requirement.
Manufacturers Danco Laboratories and GenBioPro Inc. requested the stay. Louisiana is challenging the FDA's decision under President Biden to permit remote prescriptions of the abortion pill.
Justices Clarence Thomas and Samuel Alito dissented. Thomas called the manufacturers a "criminal enterprise" and argued they are not entitled to relief. Alito wrote the case undermines the 2022 Dobbs decision.
The FDA eliminated the in-person dispensing requirement in 2023 after a nonenforcement policy in 2021. HHS acknowledged inadequate consideration of patient safety and announced a study.
The stay remains in effect pending appeal. If certiorari is denied, the stay terminates automatically; if granted, it terminates upon judgment.
