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/?utm_campaign=KFF-Womens-Health-Policy&utm_medium=email&_hsenc=p2ANqtz-8bB7qsapZehJxC-IfE11caNd4A_V-VefWI_2TG09IitlsZyW9NRiBgoe44FI07S2295x2Ll0WdqSsM5EwZr0MfV2BulQ&_hsmi=417470885&utm_content=417470885&utm_source=hs_email 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. Louisiana v. FDA and the Latest Challenge to Medication Abortion Access On Monday, in the most recent twist in the fight over abortion access, U.S. Supreme Court Justice Samuel Alito issued a one-week stay of a lower court decision that would have temporarily, but immediately, banned access to the abortion drug mifepristone by mail — affecting abortion access nationwide. A new KFF brief reviews the case that’s now before the Supreme Court, Louisiana v. FDA, and describes the many other cases challenging the FDA’s regulation of mifepristone. The brief also examines the regulatory landscape and mounting tensions between states over mail access to the abortion pill. The Supreme Court’s decision in the case will ultimately determine if Louisiana has legal standing to challenge FDA policy (the Supreme Court previously denied standing to anti-abortion doctors in a similar case, Alliance for Hippocratic Medicine). Both the district court and the 5th Circuit Court of Appeals found that Louisiana has standing because it has shown injury resulting from the FDA’s 2023 rule change allowing mifepristone to be mailed. In addition to an overview of the case, the brief explores the implications for: State Shield Laws to protect telehealth providers prescribing and mailing mifepristone in their state from criminalization across state lines, and interstate conflict between states protecting and banning the provision of abortion. The FDA's scientific independence and agency authority in drug regulation. The Trump administration’s challenge in upholding the FDA’s independence while not directly defending the 2023 regulatory change issued under the Biden administration. The broader post-Dobbs regulatory framework, including recent state laws targeting mifepristone access and congressional efforts to restrict the medication. Contact: Mikhaila Richards | 202.654.1328 | MRichards@kff.org