Louisiana v. FDA: Access to Mifepristone Back at the Supreme Court Authors: Laurie Sobel, Alina Salganicoff, and Rolonda Donelson Published: May 6, 2026

https://www.kff.org/womens-health-policy/louisiana-v-fda-access-to-mifepristone-back-at-the-supreme-court/ In response to emergency appeals filed by Danco and GenBioPro, on May 4, 2026, Justice Alito issued a one-week administrative stay of the 5th Circuit’s decision in the Louisiana v. FDA case. The FDA 2023 dispensing policy allowing mifepristone to be mailed remains in place pending a decision from the Supreme Court. The Supreme Court is reviewing the 5th Circuit Court of Appeals order on May 1, 2026, which temporarily reinstated an in-person dispensing requirement for mifepristone nationwide. This brief reviews the case now before the Supreme Court, Louisiana v. FDA, and provides an overview of the other pending litigation involving mifepristone, and the mounting tension between states seeking to protect abortion and the states banning the provision of abortion.