As RedState reported, Danco Laboratories and GenBioPro, manufacturers of the abortion pill Mifepristone and its generic equivalent, petitioned the United States Supreme Court to block a ruling in the 5th Circuit Court of Appeals that restricted distribution of the abortion pill through the mail and telehealth, forcing a requirement of in-person dispensing of the drug.
On Saturday, Justice Samuel Alito, who handles the petitions for the 5th Circuit, issued a temporary stay of the lower court ruling in order to review the corporations’ emergency petition.
On Thursday, SCOTUS ruled, issuing an order to continue that block on the 5th Circuit decision.
The Supreme Court on Thursday afternoon issued an order that continued to block a ruling by a federal appeals court in Louisiana which had barred the mailing of mifepristone, one of two drugs used in medication abortions – the most common form of abortion in the United States. Justice Samuel Alito, who handles emergency appeals from the U.S. Court of Appeals for the 5th Circuit, had last week temporarily put the lower court’s order on hold until 5 p.m. EDT on Monday to give the justices time to consider a request from two companies that manufacture mifepristone; he then extended that hold until Thursday at 5 p.m. Thursday afternoon’s order by the court, which was not sent to reporters until 5:26 p.m., extended that pause once again, and allows mifepristone to continue to be sent through the mail while litigation continues in the lower courts.
Justice Clarence Thomas dissented, arguing that the drug companies “cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
Alito also dissented. He called the court’s order “remarkable,” and he contended that “[w]hat is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization,” the court’s 2022 decision overturning the constitutional right to an abortion recognized in Roe v. Wade.
Neither the pro- nor the anti-side of the argument is happy, because the challenge to the widespread use of the abortion pill is still making its way through the lower courts and will, in all likelihood, ultimately wind up on the SCOTUS docket again. Both sides want a final resolution, but that may take some time.
Let’s take tonight to be relieved: abortion pill access stays the same for right now, and that’s amazing.
But let’s not lose sight of the fact that this is conservatives’ way of kicking the can down the road, and we still have lots of work to do. pic.twitter.com/t8ZXMPt8Lm
— Jessica Valenti (@JessicaValenti) May 14, 2026
Alliance Defending Freedom president and CEO Liz Waggoner posted this on X regarding the SCOTUS decision.
A disappointing decision from SCOTUS. Allowing mail-order abortion to continue—even temporarily—will cost thousands of unborn lives, harm countless women, and rob pro-life states of the ability to enforce their laws.
And this was by design of the Biden FDA. As Justice Alito… pic.twitter.com/NYOFznsvim
— Kristen Waggoner (@KristenWaggoner) May 14, 2026
A disappointing decision from SCOTUS. Allowing mail-order abortion to continue—even temporarily—will cost thousands of unborn lives, harm countless women, and rob pro-life states of the ability to enforce their laws.
And this was by design of the Biden FDA. As Justice Alito wrote in his dissent: “What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, which restored the right of each State to decide how to regulate abortions within its borders.”
But this case is far from over. The Court did not weigh in on the merits of our litigation, and I am confident that our case is strong. Louisiana @AGLizMurrill and @ADFLegal will return to the Fifth Circuit on behalf of women, babies, and pro-life states.
It may ultimately end up on SCOTUS’ docket at some point, but in the meantime, access remains, albeit tenuous.
Justice Alito is not off base in his dissent. The abortion lobby has used this widespread distribution mandate from the FDA to circumvent the Dobbs decision.
What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215 (2022), which restored the right of each State to decide how to regulate abortions within its borders. Some States responded to Dobbs by making it even easier to obtain an abortion than it was before, and that is their prerogative. Other States, including Louisiana, made abortion illegal except in narrow circumstances. See, e.g., La. Rev. Stat. Ann. §40.1061 et seq. But Louisiana’s efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana’s and seek to undermine their enforcement. These medical providers and private organizations have developed an operation enabling women in Louisiana and other States that restrict abortions to place an online order for a pill called mifepristone that induces abortion.
Justice Thomas is also on point about the supposed “irreparable harm” suffered by these corporations, when it is these corporations who are aiding and abetting this harm to citizens.
As relevant to this case, mifepristone shipped to Louisiana, which bans abortion, causes nearly 1,000 abortions per month. “All of this violates the Comstock Act.” Alliance for Hippocratic Medicine v. FDA, 78 F. 4th 210, 268 (CA5 2023) (Ho, J., concurring in part and dissenting in part), rev’d on other grounds, 602 U. S. 367 (2024). 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. And, whereas it would “serve the public interest” to “reduc[e]” applicants’ “opportunity to commit crimes,” Zedner v. United States, 547 U. S. 489, 501 (2006), a stay would have the opposite effect. I respectfully dissent.
On its face, these corporations are aiding and facilitating the undermining of the rule of law concerning abortion access, which legislators in individual states put in place or voters enshrined in their state’s constitutions. Because of so-called Shield Laws and the duplicity employed by those who advocate and push for the drug’s use, the harms being caused because of widespread distribution without medical oversight are playing out in real time, impacting lives and undermining the states’ duty to protect their citizens.
The @GOP cannot expect the pro-life movement to stay quiet while Biden’s Chemical Abortion Pill regime remains largely untouched.@SecKennedy and @epaleezeldin have BOTH been briefed on water pollution caused by Chemical Abortion Pills, yet continue to refuse to publicly address…
— Kristan Hawkins (@KristanHawkins) May 15, 2026
The @GOP cannot expect the pro-life movement to stay quiet while Biden’s Chemical Abortion Pill regime remains largely untouched.
@SecKennedy and @epaleezeldin have BOTH been briefed on water pollution caused by Chemical Abortion Pills, yet continue to refuse to publicly address them.
Enough excuses!
The White House must:
• Enforce the Comstock Act and stop the illegal mailing of Chemical Abortion Pills into pro-life states.
• Restore REMS safety protections on Mifepristone to prevent abusers from easily obtaining these drugs online.
• Direct the EPA to investigate the anti-progesterone metabolites from Chemical Abortion Pills found in America’s waterways.
Tell the White House NOW by clicking the link below.
The Food and Drug Administration (FDA) also remains in the crosshairs. As RedState further reported, FDA Administrator Marty Makary resigned, under a cloud of controversy surrounding the slow-rolling of its review of Mifepristone in order to reverse the 2023 risk evaluation and mitigation strategy (REMS) rule revision enacted by the Biden-Harris administration, which allowed unfettered access to the drug.
Read More: SCOTUS Gives Temporary Relief to Abortion Pill Manufacturers, Louisiana AG Responds
According to reports, the White House is actively seeking Makary’s replacement. In light of the SCOTUS stay of the 5th Circuit, the FDA has pledged to maintain the status quo while working to expedite its review of the abortion pill.
FDA is committed to protecting the health and safety of women. The Supreme Court’s order, issued today, maintains the status quo with respect to the REMS governing mifepristone. The FDA will press forward to complete its science-based safety review of the mifepristone REMS and,…
— U.S. FDA (@US_FDA) May 14, 2026
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