A lower-court ruling had reinstated a Food and Drug Administration requirement that patients visit a health care provider in person to obtain mifepristone.
The Supreme Court on Monday restored nationwide access to a widely used abortion medication in a temporary order that will, for now, allow women to once again obtain the pill mifepristone by mail.
In a brief order, Justice Samuel A. Alito Jr. paused a lower-court ruling from Friday that had prevented abortion providers from prescribing the pills by telemedicine and shipping them to patients, causing confusion for providers and patients. The one-sentence order imposes a pause until at least May 11. He requested that the parties file briefs by Thursday, and then the full court will determine how to proceed.
The state of Louisiana sued the Food and Drug Administration to restrict access to mifepristone, saying the availability of the medication by mail has allowed abortions to continue in the state despite its near-total ban.
Medication is now the method used in nearly two-thirds of abortions in the United States, and is typically delivered in the form of a two-drug regimen through the first 12 weeks of pregnancy.
Friday’s ruling from the conservative U.S. Court of Appeals for the Fifth Circuit temporarily reinstated an F.D.A. requirement that patients visit medical providers in person to obtain mifepristone while the litigation continues. That rule was first lifted in 2021.
Two manufacturers of mifepristone, Danco Laboratories and GenBioPro, on Saturday asked the Supreme Court to intervene. In court filings, Danco’s lawyers said the Fifth Circuit ruling “injects immediate confusion and upheaval into highly time-sensitive medical decisions” and forces the companies, F.D.A., providers, patients and pharmacies “all to guess at what is allowed and what is not.”