The Supreme Court Keeps Mifepristone Available by Mail as Litigation Continues

The mifepristone case that has landed on the Supreme Court’s shadow docket is the new face of conservative efforts to impose a nationwide ban on abortion.

It’s possible that the Court is close and needs a little more time to reach a decision. There has been some thought it might set the case for argument on the merits as early as next month, or more realistically, next term, and decide it on the merits quickly, at least as courts count time.

But given the political weight of the issue in a midterm election year, the Court could also return to its history with mifepristone: kicking the can down the road. That’s what they did when the Texas case, Alliance for Hippocratic Medicine v. FDA, came before it in June 2024, deciding that the plaintiffs lacked standing and dismissing the case, instead of ruling on the substantive issue.

The Supreme Court Preserved Mail-Order Abortion Pills—for Now. Julie Kay Says Providers Are Still Preparing.

Thursday, May 14, at 5 p.m. ET, the Supreme Court’s temporary stay in the mifepristone case is set to expire, once again leaving abortion providers, patients and advocates waiting to see whether the Court will extend the pause, or allow the Fifth Circuit’s restrictions on mifepristone to take effect.

If the Court does nothing, the lower-court ruling could snap back into place, threatening mail-order and telemedicine access to mifepristone, one of the two drugs commonly used in medication abortion.

But abortion rights advocates say the story does not end there. Telemedicine abortion networks, shield-law protections, advance provision and community-based access have already reshaped abortion care in the post-Dobbs landscape—and those systems are continuing to evolve.

Julie F. Kay, a human rights lawyer and founder and executive director of Reproductive Futures, has spent years working at the intersection of reproductive rights, telemedicine abortion and shield-law protections. She co-founded the Abortion Coalition for Telemedicine, challenged Ireland’s abortion ban before the European Court of Human Rights, and co-authored Controlling Women: What We Must Do Now to Save Reproductive Freedom.

Keeping Score: Supreme Court Blow to Voting Rights Will ‘Silence Our Voices’; Conservative Judges Try to Restrict Mifepristone; Moms Worry About Putting Food on the Table

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week:
—The Supreme Court gutted the Voting Rights Act, slashing protections against racially discriminatory voting laws.
—A record high amount of books were censored from libraries in 2025, often due to LGBTQ characters or plotlines addressing racism.
—A third of moms living on low incomes have gone into debt or skipped meals so their kids could eat.
—Just 22 percent of American voters have significant confidence in the Supreme Court.
—In 2025 the number of abortions in the U.S. remained stable, but more patients in states with bans turned to telehealth services instead of traveling out of state.
—The Department of Justice announced plans to expand the use of the federal death penalty.
—An Epstein-Maxwell survivor, who asked to remain anonymous, laments, “I kept my identity protected as Jane Doe. I woke up one day with my name mentioned over 500 times. While the rich and powerful remain protected by redaction, my name was exposed to the world.”
—The Trump administration launched a Moms.gov site on Mother’s Day that refers pregnant people to unregulated crisis pregnancy centers.
—A Ms. piece on solitary confinement by Kwaneta Harris and her daughter Summer Knight won Kwaneta second place in the Collaboration category of the Stillwater Awards for prison journalism.
Liberation, a play about 1970s feminism by Bess Wohl, won the Pulitzer Prize for drama. It was also nominated for the Tony Award for Best Play. Wohl was inspired by her own life: Her mother, Lisa Cronin Wohl, was an early Ms. contributor.

… and more.

Yes, You Can Still Get Abortion Pills by Mail—Here’s What to Know

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.

The Fifth Circuit Proves Abortion Is on the Ballot this November

A highlight of being in Ireland has been following the local news, especially the robust abortion beat: Irish lawmakers have been waging a loud fight to expand abortion rights—in particular, to ensure unnecessary waiting periods don’t impede access to care.

Breaking headlines from the United States were a dark juxtaposition.

The U.S. is one of only four nations worldwide actively rolling back reproductive rights.

And now we’re threatened with yet another fight: The Fifth Circuit Court of Appeals issued a ruling late last week aiming to create the most significant setback to abortion access since the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision four years ago.

The three-member panel, two of whom are Trump appointees, blocked a 2023 FDA policy allowing mifepristone to be prescribed by telehealth providers and delivered by mail—a decision that applies to all states, whether abortion is legal or not, and where voters have mobilized to pass ballot measures and enshrine reproductive rights in their state constitutions.

This Fifth Circuit ruling is not the final word on the case. The two pharmaceutical companies that make mifepristone, Danco and GenBioPro, immediately filed an emergency appeal to the Supreme Court. On Monday, Justice Samuel Alito announced an administrative stay through May 11, meaning the decision is on hold until at least then, while the justices review the appeal and decide whether the medically unnecessary in-person dispensing requirements can be reimposed for the duration of the litigation.

In the spirit of the fighting Irish, readers should take heart that the community of U.S. abortion providers, advocates and support networks “have shown amazing resilience and tenacity since the Dobbs decision,” according to Kelly Baden of Guttmacher. “They will continue to do what they can do to ensure that everyone, regardless of where they live, can access the abortion care they need.”

So, for now, our citizen mobilization strategy must be twofold: Support those who directly deliver those services and get ready to get loud. The abortion fight shows that access to healthcare, the integrity of science, the rules of democracy, and the right to bodily autonomy are not only all interconnected, but they are all on the ballot this November.

Tennessee Tries to Silence Women Nearly Killed by Its Abortion Ban: ‘We Will Have Our Day in Court,’ Pledges Lead Plaintiff

Tennessee was supposed to face nine women in court on April 27 in a closely watched trial over the state’s abortion ban—women who say they were denied emergency care, forced to flee the state for abortions, or pushed to the brink of death after suffering catastrophic pregnancy complications. After waiting nearly three years to testify publicly about what happened to them, the plaintiffs were prepared to finally take the stand.

Then, less than two business days before the trial was set to begin, Tennessee Attorney General Jonathan Skrmetti (yes, the same Skrmetti whose name is now attached to the Supreme Court’s landmark anti-trans healthcare ruling) filed an appeal invoking a newly enacted state law which prevents Tennesseans from suing over any state law that harms them. The move stripped the court of jurisdiction over the case, abruptly halting the proceedings and potentially delaying the trial for months or years.

“We should be in court today standing up to Tennessee’s abortion ban,” the Center for Reproductive Rights said in a statement after the cancellation. “These women deserve their day in court. But Tennessee politicians refuse to listen.”

Among the plaintiffs is Allie Phillips, who says she was forced to travel to New York for an abortion after learning her fetus had a fatal diagnosis and that continuing the pregnancy put her own life at risk. By the time she arrived for care, she learned the fetus had already died in utero, placing her at heightened risk of infection and blood clots.

Phillips shares her story and reaction to the canceled trial, in her own words.

“I would have testified about how I would have risked my future fertility and my life if I had stayed pregnant in Tennessee. … I already had a 6-year-old daughter, Adalie, to raise. She needed me to live and be her mom. …

“We’re appealing. We don’t know how it will take but even if it’s five years, we will have our day in court. I’m not going anywhere.”

The Courts Keep Targeting Abortion Pills. Patients and Providers Keep Finding Ways Around Them.

The U.S. Supreme Court has temporarily paused the Fifth Circuit’s Friday ruling that would have tightened access to mifepristone, preserving the current status quo while the justices consider the emergency appeal. The order keeps telehealth and mail access in place for now.

The Monday morning emergency action from the Court—which orders the Trump administration to answer by May 7—follows an urgent intervention from the manufacturers of mifepristone, GenBioPro and Danco.

Regardless of what the courts decide, international telehealth providers, community networks and websites selling pills are ready to ramp up services to fill the needs of Americans.

Trump’s Budget Plunders Birth Control and Reproductive Health Programs—With Open Derision for Americans Who Need Them

Title X is the federal program that funds family planning and reproductive health services nationwide—and under President Donald Trump’s proposed budget for 2027, it would be effectively eliminated, reshaping access to care for women across the country.

What is perhaps most jarring, on close reading, is not only what the budget proposes, but how it speaks. The language throughout the administration’s budget and HHS documents departs from traditional bureaucratic norms, adopting a tone that is at times openly mocking and vilifying. Programs serving women, LGBTQ people and marginalized communities are described in terms that signal not just opposition, but disdain. It is a stark reminder that federal budgets do more than allocate resources—they reflect who this government is for, and who it is not.

(This essay is part of an ongoing Ms. series examining the real-world impact of President Donald Trump’s proposed fiscal year 2027 budget. Across sectors—from healthcare and childcare to immigration enforcement and food assistance—the series explores what the administration’s funding priorities reveal about who government serves, and who it leaves behind.)

War on Women Report: Rise of ‘Sleep Porn’; Georgia Midwives Sue for Right to Practice; Louisiana Family Massacre Exposes Deadly Intersection of Domestic Violence and Guns

MAGA Republicans are back in the White House, and Project 2025 is their guide: the right-wing plan to turn back the clock on women’s rights, remove abortion access, and force women into roles as wives and mothers in the “ideal, natural family structure.”

We know an empowered female electorate is essential to democracy. That’s why day after day, we stay vigilant in our goals to dismantle patriarchy at every turn. We are watching, and we refuse to go back. This is the War on Women Report.

Since our last report:
—Access to mifepristone remains protected for now, after a U.S. district court granted a stay in Louisiana v. FDA.
—A new CNN investigation reveals a sprawling online network where drug-facilitated sexual assault, marketed as “sleep porn, ” is filmed, shared and monetized, drawing millions of viewers. Meanwhile, survivors face steep barriers to reporting and justice.
—The Ohio House passed the Indecent Exposure Modernization Act, an extreme bill that seeks to ban any expression or performance of drag where minors are or may be present. The proposed ban includes even daytime family-oriented events such as drag queen story hours, where performers dress up as storybook characters and read to children at libraries or bookstores.
—In a devastating shooting spree spanning three locations, Shamar Elkins shot and killed eight children, seven of whom were his own, and severely wounded two women: his wife, Shaneiqua Pugh, and Christina Snow. Both women are mothers to the deceased victims.
—In Georgia, a group of reproductive healthcare advocates is challenging the state’s restrictions on some forms of maternal healthcare, arguing that Georgia’s current laws give doctors too much control over midwives’ ability to practice.
—Nine women in Tennessee are suing the state over its abortion ban after nearly denying due to being denied abortion care.

… and more.