On May 1, the Fifth Circuit Court of Appeals issued a sweeping ruling seeking to prohibit telehealth prescribing of mifepristone, forcing women to see a provider in-person to acquire the first pill in the standard two-drug medication abortion regimen. The decision would have blocked U.S. clinicians from mailing abortion pills after telehealth consultations nationwide.
On May 4, however, the U.S. Supreme Court temporarily paused that ruling, preserving current telehealth and mail access while the justices consider next steps. The Court’s temporary ruling was set to last until 5 p.m. ET on Monday, May 11, giving the justices time to decide whether to extend the pause or let the lower-court ruling take effect.
Then, on Monday afternoon, the U.S. Supreme Court briefly extended its temporary order preserving telehealth and mail access to mifepristone while the justices continue deliberating over the emergency appeal. Justice Samuel Alito extended the Court’s administrative stay through Thursday, May 14, at 5 p.m. ET, keeping on hold the Fifth Circuit’s May 1 ruling that would have required patients nationwide to obtain the medication through in-person visits. The order means that, for now, people can still access mifepristone through telehealth consultations and mail delivery under the current FDA rules.
National Institute for Reproductive Health president Christian LoBue said the Supreme Court’s decision “preserves telehealth access to mifepristone for now,” but warned it also “prolongs an untenable state of uncertainty for patients and providers nationwide.” Antiabortion forces are “focused on creating chaos and fear, not improving health outcomes,” she said, urging states to instead focus on strengthening protections for providers, patient privacy and access to medication abortion.
Regardless of what the courts ultimately decide, abortion access advocates, international telehealth providers and community networks say they are prepared to continue helping people access abortion pills.
Either way, the infrastructure for medication abortion access already exists—and it is not disappearing.