Danco Laboratories, the manufacturer of the abortion pill mifepristone, has petitioned the U.S. Supreme Court to halt a recent appellate court ruling that restricts mail-order access to the drug. The Supreme Court action comes after the 5th U.S. Circuit Court of Appeals issued a unanimous decision requiring that mifepristone be distributed only in person at clinics, overturning federal regulations that allowed mail prescriptions and delivery.
The 5th Circuit ruling, issued Friday, was hailed by abortion opponents as a significant victory in efforts to curtail abortion access by limiting the availability of medication abortion pills. The court found that allowing mifepristone to be prescribed and sent by mail undermines Louisiana’s state abortion ban. It stated that the federal Food and Drug Administration’s (FDA) approval of mail distribution effectively negates Louisiana’s policy that “every unborn child is a human being from the moment of conception and is, therefore, a legal person.”
In its filing with the Supreme Court, Danco Laboratories argued that the appellate decision “injects immediate confusion and upheaval into highly time-sensitive medical decisions” while appeals are ongoing. The company is also a defendant in the underlying lawsuit challenging the FDA’s regulations on mifepristone.
The case originated from a challenge led by Louisiana’s attorney general and supported by a plaintiff who claims coercion in taking abortion pills. Previously, a federal judge in Louisiana acknowledged that the FDA’s authorization of mailed mifepristone conflicted with the state’s abortion ban but did not immediately reinstate the in-person dispensing requirement.
Since the Supreme Court’s 2022 overturning of Roe v. Wade, the prescription and mail delivery of abortion pills have become a principal means for access in states with abortion bans. The FDA had eased previous restrictions on mifepristone during the COVID-19 pandemic, allowing prescriptions via telemedicine and delivery by mail based on extensive safety data collected over 20 years.
The 5th Circuit judges noted that the FDA is currently reviewing mifepristone’s safety at the direction of the Trump administration but said the agency could not specify when the review will conclude and that it continues to gather data.
The American Civil Liberties Union condemned the ruling, highlighting that restricting telemedicine prescriptions disproportionately impacts rural residents, survivors of intimate partner violence, and people with disabilities. Likewise, reproductive rights advocates warn the ruling could advance toward a de facto national abortion ban if upheld.
Why it matters
This legal battle over mifepristone access directly affects how millions of people obtain abortion medication, especially in states enforcing restrictive abortion laws post-Roe. The Supreme Court’s decision on whether to grant a stay could determine the immediate availability of the pill by mail, impacting timely access to abortion care nationwide.
Background
Mifepristone was first approved by the FDA in 2000 for ending early pregnancies and is usually paired with misoprostol. Initial FDA regulations required in-person dispensing by certified physicians due to safety concerns, but these requirements were relaxed during the COVID-19 pandemic after review of safety data. The current legal conflict reflects ongoing tensions between federal drug approvals and state abortion restrictions that have intensified since Roe’s reversal.
Sources
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