Justice Samuel Alito extended a temporary stay May 11 on a federal appeals court ruling that would have restricted access to the abortion drug mifepristone, keeping nationwide access by mail and without an in-person doctor visit in place until at least 5 p.m. May 14.
The one-sentence order gives the Supreme Court more time to consider emergency appeals from manufacturers Danco Laboratories and GenBioPro, which are challenging restrictions imposed by the U.S. Court of Appeals for the 5th Circuit.
The dispute stems from Louisiana’s challenge to Food and Drug Administration rules that allow mifepristone to be prescribed via telehealth and sent by mail. As Zeale News previously reported, the Biden administration formalized those policies in 2023, and the drug is now used in more than 60% of abortions in the U.S. Louisiana argued the policy allowed out-of-state providers to circumvent its pro-life laws by shipping the drugs into the state.
The 5th Circuit sided with Louisiana on May 1, issuing a directive that would have reinstated in-person dispensing requirements nationwide. On May 4, the Supreme Court temporarily paused that ruling after Danco and GenBioPro filed emergency requests asking the high court to intervene.
No reasons were given in Alito’s brief order, which is typical in emergency applications, and the order does not indicate how the court will ultimately rule.
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