Justice Alito temporarily stays Fifth Circuit mifepristone ruling, restoring mail-order access pending full review

Justice Samuel Alito, acting as the circuit justice for the Fifth Circuit, issues a temporary administrative stay on May 5, 2026, pausing the Fifth Circuit's ruling that had reinstated the in-person-only mifepristone requirement. The stay temporarily restores mail-order access to the abortion pill while the full Supreme Court considers whether to issue a longer-term injunction. Alito sets a May 11 deadline for Louisiana and the FDA to respond to emergency applications from Danco Laboratories and GenBioPro. The temporary stay is notable because Alito himself wrote the majority opinion in Dobbs v. Jackson overturning Roe v. Wade in 2022. Legal analysts note the stay does not necessarily reflect Alito's view of the merits but is standard practice to preserve the status quo pending full briefing.