Alito temporarily restores FDA rule allowing abortion pill mifepristone to be sent by mail

Key Points:

• Justice Samuel Alito temporarily blocked a 5th Circuit Court order that halted the FDA rule allowing the abortion pill mifepristone to be prescribed online and mailed, granting relief to drug makers Danco Laboratories and GenBioPro until May 11.
• The Supreme Court is set to consider drug companies' requests to overturn the appellate court's decision amid ongoing litigation, with Louisiana officials required to respond by Thursday.
• The 5th Circuit had found Louisiana had legal standing to sue, citing Medicaid costs for emergency care after complications from mifepristone prescribed out-of-state and argued the FDA rule undermines the state's abortion laws.
• Danco and GenBioPro warned the 5th Circuit's order creates confusion and disrupts access to time-sensitive care, especially impacting patients in states where abortion remains legal.
• The FDA has allowed mifepristone to be prescribed via telehealth and mailed since 2023, following relaxed restrictions during the COVID-19 pandemic, but Louisiana has banned abortion and criminalized possession of abortion drugs without prescription.