The Supreme Court of the United States decided this Monday, May 4, to temporarily restore a federal regulation that allows the abortion pill mifepristone to be prescribed through telemedicine and sent by mail. The court thus reverses a recent ruling that had restricted its access throughout the country.
First modification: 05/04/2026 - 18:52 Last modification: 05/04/2026 - 19:22
A provisional suspension in the middle of the litigation. The order, signed by Judge Samuel Alito, paused for a week the decision of a lower court that forced the resumption of stricter requirements, such as an in-person medical consultation to obtain the medication.
The measure adopted by the high court is temporary and is known as “administrative suspension.” Its objective is to keep access in force while the magistrates analyze the emergency requests presented by the drug manufacturers.
Judge Alito set a deadline of May 11 for the Court to decide whether to extend this suspension or issue a final ruling. Meanwhile, he ordered the state of Louisiana to respond to the drug companies' arguments by Thursday.
The key role of mifepristone
The dispute arose after a lawsuit filed by Louisiana against the United States Food and Drug Administration (FDA), in which the state questions a regulation approved in 2023 during Joe Biden's term.
This rule eliminated the obligation of an in-person visit to access mifepristone, facilitating its prescription through virtual consultations and its delivery by mail or dispensing in pharmacies.
A federal appeals court based in New Orleans ruled in favor of Louisiana and ordered the restoration of previous restrictions. That decision is the one that has now been suspended after the intervention of the Supreme Court.
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Mifepristone is one of the two drugs used in medical abortion, along with misoprostol. This method currently accounts for more than 60% of abortions in the United States.
Approved in 2000 by the FDA, its availability has become a central element of access to abortion, especially in states where there are severe restrictions on the surgical procedure.
Read alsoA laboratory asks the US Supreme Court to restore access to the abortion pill
A debate reactivated after the end of Roe vs. Wade
The case once again places abortion at the center of the judicial and political debate in the United States, especially after the Supreme Court in 2022 annulled the precedent established in Roe vs. Wade, who had guaranteed the right to abortion at the federal level.
Since then, at least 13 states have passed near-total bans, while others have imposed tough restrictions. In this context, access to abortive medications has acquired increasing importance as an alternative.
The provisional decision has generated mixed reactions. Anti-abortion groups have criticized maintaining access while the judicial process continues, while medical organizations and service providers celebrate the continuity of patient care.
Some groups that prescribe abortion pills had begun to prepare to use only misoprostol due to the possibility of restrictions, although the Court's order has allowed them to maintain their usual practices for the moment.
Read alsoA woman dies in the US after delaying urgent medical care due to the abortion law
Short-term uncertainty
The high court's decision does not resolve the substance of the conflict, but rather opens a period of waiting. In the coming days, the justices will have to decide whether to maintain expanded access or allow the restrictions promoted by Louisiana to take effect.
The result will have direct implications for millions of women and for the health system throughout the country, at a time when access to abortion remains deeply conditioned by the political and legal division between states.
Read alsoThe US Supreme Court leans towards not restricting the abortion pill
With Reuters and AP
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