Supreme Court allows resumption of mail delivery of abortion pill for indefinite period of time

May 16, 2026

The United States Supreme Court, in a 7-2 decision, permitted the mail delivery of the abortion pill mifepristone to resume for an indefinite period of time—effectively overturning an appellate court decision issued two weeks ago.

On May 1, the U.S. 5th Circuit Court of Appeals temporarily halted mail delivery of mifepristone as it considers the State of Louisiana’s challenge to the practice. The U.S. Food and Drug Administration approved the use of the abortion pill in 2000 and permitted telehealth prescriptions and mail-order delivery in 2023—allowing for the circumvention of state laws that protect unborn human life. The appeals court ruling temporarily restored the FDA’s pre-2023 requirement that the abortion pill be dispensed in person.

On May 4, the Supreme Court allowed mail delivery of mifepristone to resume for one week. On May 11, the Supreme Court again extended mail delivery for three days.

The Court’s latest decision, issued May 14, permits mail delivery to resume indefinitely while the case is being adjudicated. Justices Clarence Thomas and Samuel Alito filed dissenting opinions to the Court’s one-paragraph decision.

 

---

For all current news, visit our News home page.

---

 
Further information:

• DANCO LABORATORIES, LLC v. LOUISIANA, ET AL. ON APPLICATION FOR STAY (United States Supreme Court, 5/14/26)
• Supreme Court allows abortion pill to remain available by mail nationwide (NBC, 5/14/26)
• Appeals court temporarily halts mail-order delivery of abortion pill (CWN, 5/2/26)