The nation's top court extended a stay on a lower court order banning telemedicine access to mifepristone, a drug used in medication abortions—but the order sets up a longer legal fight
By Jackie Flynn Mogensen edited by Jeanna Bryner
Soumyabrata Roy/NurPhoto via Getty Images
Join Our Community of Science Lovers!
The U.S. Supreme Court ruled on Thursday to allow access by mail to the abortion drug mifepristone for now. The order effectively extends a previous stay issued by the Court on a lower court ruling that would have made it illegal nationwide to mail mifepristone. Only Justices Clarence Thomas and Samuel Alito dissented.
At the heart of the case is a disagreement over Louisiana state law and virtual abortion access. Louisiana filed a suit in 2025 against the U.S. Food and Drug Administration, objecting to the use of mail-order mifepristone—something the FDA first allowed during the COVID pandemic—on the grounds that the drug carries potential risks and that prescriptions issued by telehealth providers and mailed into the state undermine its abortion ban. Earlier this year, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of Louisiana, prompting two companies that make the abortion pill to ask the Supreme Court to step in. The lower court's ruing, had it gone into effect, would have required those seeking mifepristone to access the medication in person.
Mifepristone was approved by the FDA in 2000. It is typically used to induce abortion, often in combination with another drug called misoprostol, for pregnancies up to 10 weeks of gestation. The overwhelming evidence suggests the drug is safe to use, however the Trump administration has opened a review into its safety and efficacy that some experts say the findings are likely to be flawed at best, and an exercise in data cherry-picking to support the administration's views at worse.
On supporting science journalism
If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.
Editor’s Note (5/14/26): This is a developing story and may be updated.
It’s Time to Stand Up for Science
If you enjoyed this article, I’d like to ask for your support. Scientific American has served as an advocate for science and industry for 180 years, and right now may be the most critical moment in that two-century history.
I’ve been a Scientific American subscriber since I was 12 years old, and it helped shape the way I look at the world. SciAm always educates and delights me, and inspires a sense of awe for our vast, beautiful universe. I hope it does that for you, too.
If you subscribe to Scientific American, you help ensure that our coverage is centered on meaningful research and discovery; that we have the resources to report on the decisions that threaten labs across the U.S.; and that we support both budding and working scientists at a time when the value of science itself too often goes unrecognized.
In return, you get essential news, captivating podcasts, brilliant infographics, can't-miss newsletters, must-watch videos, challenging games, and the science world's best writing and reporting. You can even gift someone a subscription.
There has never been a more important time for us to stand up and show why science matters. I hope you’ll support us in that mission.