TBA Law Blog


Posted by: Julia Wilburn on May 15, 2026

The U.S. Supreme Court paused a 5th Circuit Court of Appeals ruling that would have reinstated an in-person requirement for obtaining mifepristone, keeping mail-order access available while the underlying lawsuit continues. The case stems from Louisiana's challenge to 2023 FDA regulations allowing mifepristone to be prescribed via telehealth and mailed to patients, with the state arguing these rules undermine its abortion ban and lack sufficient safety data. The Hill reports that opponents of the ruling, including Justices Clarence Thomas and Samuel Alito in dissent, contend that mailing the drug may violate federal law and that the court is enabling what they view as an improperly regulated distribution scheme. The dispute remains unresolved — the case returns to the 5th Circuit and could reach the high court again — while the FDA conducts its own ongoing safety review of mifepristone's protocols. Read the order.