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SCOTUS preserves abortion pill access — for now

by Joseph Choi and Nathaniel Weixel - 05/14/26 6:21 PM ET

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by Joseph Choi and Nathaniel Weixel - 05/14/26 6:21 PM ET

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The Big Story

SCOTUS preserves abortion pill access — for now

The Supreme Court on Thursday ensured the abortion pill mifepristone will continue to be available through the mail without an in-person appointment with a clinician while a lawsuit is argued.

The justices halted a May 1 order from the conservative U.S. Court of Appeals for the 5th Circuit that reinstated a requirement that women must visit a health care provider in-person to obtain mifepristone. If it had taken effect, the order would have severely curtailed abortion access across the country.

Conservative Justices Clarence Thomas and Samuel Alito dissented separately.

Thomas notably referenced the Comstock Act, an 1873 anti-obscenity law, to argue that federal law already makes mailing mifepristone a criminal offense.

“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise. They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes,” Thomas wrote.

It is not a final decision in the high-stakes dispute. The case now heads back to the New Orleans-based 5th Circuit, and it could ultimately return to the justices on their normal docket.

The Supreme Court was asked to weigh in by two drugmakers that manufacture mifepristone and a generic version of the drug. The companies argued the 5th Circuit’s decision was unprecedented and would cause confusion.

The underlying lawsuit involves Louisiana’s objection to a Food and Drug Administration (FDA) regulation that allowed mifepristone to be prescribed through telehealth, in pharmacies and through the mail — making it available even in states where abortion is banned.

The state argued that the FDA’s permissive rules undercut its near-total abortion ban and were a violation of the state’s sovereignty. Louisiana also asserted FDA didn’t have enough safety data to roll back the in-person dispensing requirement, a claim the manufacturers reject.

Alito, who by default handles emergency matters arising from the 5th Circuit, had briefly put the ruling on hold until the Supreme Court decided what to do.

Welcome to The Hill’s Health Care newsletter, we’re Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health.

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