As RedState reported on Saturday, the Fifth Circuit Court of Appeals ruled that Louisiana has standing in its legal battle to reverse the 2023 changes the Food and Drug Administration (FDA) made to its risk evaluation and mitigation strategy (REMS) ruling that allowed Mifepristone —the abortion pill — to be distributed without medical supervision over-the-counter and through the U.S. Mail. The Fifth Circuit went even further and blocked the distribution of Mifepristone until the legal challenges could be fully heard by the courts.
This did not sit well with abortion pill manufacturers Danco Laboratories and its generic counterpart GenBioPro. On Saturday, these companies appealed to the United States Supreme Court, demanding relief. The justice who oversees this particular court, Justice Samuel Alito, granted their wish... on a temporary basis.
Justice Samuel Alito on Monday temporarily halted an appellate court order that blocked a Food and Drug Administration rule allowing the abortion pill mifepristone to be prescribed online and dispensed through the mail.
Alito granted temporary relief to the maker of mifepristone, Danco Laboratories, and the manufacturer of a generic version of the drug, GenBioPro. His administrative stay will remain in place until 5 p.m. on May 11. The move gives the Supreme Court more time to consider the drug companies' requests to set aside the appellate court's order while litigation proceeds.
Danco and GenBioPro also asked the high court to take up the case and decide the legal merits. Alito set a Thursday deadline for Louisiana officials to respond to the drugmakers' emergency appeals.
Alliance Defending Freedom (ADF), which brought this lawsuit against the FDA, in conjunction with Louisiana Attorney General Liz Murrill, responded to this stay.
On Friday, the Fifth Circuit GRANTED our request to reinstate the in-person dispensing requirement for the abortion drug mifepristone during our appeal. Praise God, that safeguard was in place all weekend... for the first time since 2021.
— Alliance Defending Freedom (@ADFLegal) May 4, 2026
Today, the U.S. Supreme Court issued a…
On Friday, the Fifth Circuit GRANTED our request to reinstate the in-person dispensing requirement for the abortion drug mifepristone during our appeal. Praise God, that safeguard was in place all weekend... for the first time since 2021.
Today, the U.S. Supreme Court issued a 7-day administrative stay while Danco and GenBioPro appeal that victory.
To be clear: This is NOT a reversal of Friday's decision. Rather, it's the run-of-the-mill pause that the Justices typically use to consider the issues raised in an emergency application. We- with @AGLizMurrill -will respond by Thursday. The stay will expire on Monday.
We respect the Court's desire to have time to consider the issues and will continue our fight to uphold this victory that protects women and babies across the country from FDA's unlawful and destructive mail-order abortion-drug scheme.
As RedState said on Saturday, this is the second time that this issue of abortion pill distribution has fallen in the lap of the SCOTUS.
With a plaintiff that now has standing in the eyes of the courts, and a pharmaceutical manufacturer pushing to have the court's ruling blocked so that its abortion pill can continue to be distributed freely, it appears the same SCOTUS, that might have thought it had wiped its hands of the matter of abortion, is right back in the thick of it.
Abortion Pill Now Accounts for Most U.S. Abortions. Hawley Wants It Off the Market.
Louisiana AG Murrill also responded on X to this recent development.
Big abortion pharma claims they need an emergency stay because they will lose massive amounts of money if they can’t kill more babies quickly and efficiently by mail without medical oversight. The administrative stay is temporary, and I am confident life and the law will win in… pic.twitter.com/xQ3KaUUmvO
— Attorney General Liz Murrill (@AGLizMurrill) May 4, 2026
Big abortion pharma claims they need an emergency stay because they will lose massive amounts of money if they can’t kill more babies quickly and efficiently by mail without medical oversight. The administrative stay is temporary, and I am confident life and the law will win in the end.
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