The U.S. Supreme Court has ruled that an abortion medication can continue to be distributed by mail nationwide.
Earlier this month, a federal court in Louisiana ruled in favour of the state after it sued the U.S. Food and Drug Administration (FDA) over access to mifepristone.
The Supreme Court has now temporarily blocked that ruling, allowing the drug to continue being distributed by mail across the U.S., regardless of individual state abortion laws.
Here’s what you need to know.
Background
In 2023, medication abortion accounted for 63% of terminations in the U.S.
Mifepristone is a steroid that blocks progesterone, a hormone needed to sustain a pregnancy. It is used alongside the drug misoprostol to terminate pregnancies within the first 10 weeks.
In 2021, the FDA lifted a requirement for mifepristone to be accessed in person.
Since Roe v. Wade was overturned in 2022, abortion has been illegal in Louisiana at all stages of pregnancy, except in limited medical emergencies.
Supreme Court
In October 2025, Louisiana sued the FDA over rules allowing abortion pill mifepristone to be distributed by mail, arguing the policy conflicts with the state’s abortion ban and federal law.
Earlier this month, a federal appeals court covering Louisiana, Mississippi and Texas ruled in the state’s favour, temporarily reinstating a requirement for the drug to be dispensed in person.
Two pharmaceutical companies, Danco Laboratories and GenBioPro, then filed an emergency request to the U.S. Supreme Court.
GenBioPro argued the ruling would cause significant financial loss, saying mifepristone “accounts for the majority” of its revenue.
Danco said the restrictions would “disrupt patients’ access to the standard regimen for medication abortion in ways that FDA determined are appropriate... no matter where they live.”
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This week, the Supreme Court temporarily paused the appeals court ruling, meaning mifepristone can continue to be distributed by mail while the legal challenge continues.
Response
In a statement on X, an FDA spokesperson said the organisation is “committed to protecting the health and safety of women.”
“The Supreme Court’s order, issued today, maintains the status quo... The FDA will press forward to complete its science-based safety review of mifepristone,” the spokesperson said.
The American Civil Liberties Union called the decision “a critical victory”, adding it would “keep fighting back” against what it described as “baseless attacks on medication abortion”.
Opposition
Two Supreme Court judges opposed the decision to reverse the ban.
Justice Clarence Thomas said it is a “criminal offence” to “ship mifepristone for use in abortions.”
“They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes,” he said of the pharmaceutical companies.
“Danco and GenBioPro are obviously aware of what is going on yet nevertheless supply the drug and reap profits from its felonious use in Louisiana," Supreme Court Justice Samuel Alito in his disagreement.
What’s next?
The Supreme Court’s decision means the case will likely continue through the lower courts.
The stay will remain in place until the court decides whether it will formally hear the case.
In the meantime, mifepristone will remain available to patients by mail nationwide.
