Supreme Court must decide whether to block the Fifth Circuit ruling reinstating in-person dispensing rules for mifepristone

Justice Samuel Alito's one-week administrative stay of the Fifth Circuit's mifepristone ruling expired at 5 p.m. on May 11, 2026, forcing the Supreme Court to decide whether to block the ruling while litigation continues. The Fifth Circuit had ordered the FDA to reinstate in-person dispensing requirements for mifepristone on May 1, 2026, reversing mail and pharmacy access that had been in place since 2021. Mifepristone is used in approximately 60% of abortions in the United States. Danco Laboratories and the FDA asked the Court to extend the stay while Louisiana v. FDA proceeds at the Fifth Circuit.