Distributors of mifepristone, an FDA-approved drug to induce an abortion, may continue shipping the medication for now, according to a May 11 order from the Supreme Court.
The Supreme Court initially made this order May 4 before extending it May 11.
The order temporarily stays a May 1 decision from the 5th Circuit Court of Appeals, which ruled against an FDA decision that granted mail-order pharmacies to ship mifepristone. The agency approved the allowance in 2021 and enacted it in 2023.
Approved in 2000, mifepristone is indicated to terminate a pregnancy within the first 10 weeks of gestation. A Louisiana lawsuit filed in September seeks to retract the mail-order allowance for mifepristone. An appeals court ruled the FDA’s removal of the in-person dispensing requirement was “likely unlawful,” claiming it was based on inadequate data, has injured women and fetuses, and has obstructed Louisiana’s near-total abortion ban.
Danco Laboratories and GenBioPro, two manufacturers and distributors of mifepristone, appealed the matter to the Supreme Court.
As the Supreme Court considers the case, the stay will last until the evening of May 14.
Editor’s note: This article was updated to reflect the Supreme Court’s May 11 order.
At the Becker's 11th Annual IT + Revenue Cycle Conference: The Future of AI & Digital Health, taking place September 14–17 in Chicago, healthcare executives and digital leaders from across the country will come together to explore how AI, interoperability, cybersecurity, and revenue cycle innovation are transforming care delivery, strengthening financial performance, and driving the next era of digital health. Apply for complimentary registration now.
