The Supreme Court on Monday issued an administrative stay that temporarily reinstated a Food and Drug Administration rule allowing the abortion pill mifepristone to be prescribed via telemedicine and dispensed through the mail. The order paused a lower court ruling that had rolled back access to the drug nationwide and reinstated an FDA requirement that patients visit a health care provider in person to obtain mifepristone.
The stay was issued by Justice Clarence Thomas, who handles emergency applications from the 5th Circuit, according to multiple reports. The action does not resolve the underlying legal dispute but maintains the status quo while litigation continues.
The lower court decision, handed down earlier this month, had blocked the FDA’s 2021 rule that permanently allowed mifepristone to be sent by mail after a telehealth consultation. That ruling effectively required in-person dispensing, which abortion rights advocates said would severely limit access, particularly in rural areas and states with few clinics.
CBS News legal contributor Jessica Levinson discussed the temporary nature of the Supreme Court’s intervention, noting that the administrative stay gives the justices time to consider full briefing on whether to grant a longer-term stay while appeals proceed.
Left-leaning outlets framed the decision as a restoration of access. Mother Jones reported that the Court “temporarily reinstated a Food and Drug Administration rule allowing the abortion pill mifepristone to be prescribed via telemedicine and dispensed through the mail.” ABC News described the move as restoring “access to mail-order abortion pill mifepristone, for now.” The New York Times highlighted that the lower-court ruling had reinstated the in-person requirement, and Axios noted the pause of the order that had limited the “widely used abortion drug.”
Right-leaning sources emphasized different aspects. The Federalist’s headline described the action as temporarily reviving an “FDA Rule Allowing Mailing Of Harmful Abortion Drugs.” The Blaze reported that a “conservative SCOTUS justice restores access to abortion drug — for now,” identifying the justice’s ideological background.
The administrative stay is expected to remain in effect until the Supreme Court decides whether to grant a full stay pending appeal. The case is part of ongoing legal battles over mifepristone, which is used in more than half of all abortions in the United States. The FDA has maintained that the drug is safe and effective when used as directed, while opponents argue that the agency’s approval and subsequent deregulation were unlawful and endanger women.
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