Appeals Court Halts Mail‑Order Mifepristone, Danco Seeks Supreme Court Stay

TL;DR: A federal appeals court stopped mail‑order distribution of mifepristone, and drug maker Danco Laboratories is asking the Supreme Court for a one‑week stay while it prepares an emergency appeal.

The 5th U.S. Circuit Court of Appeals issued a temporary order Friday that requires women across the United States to obtain mifepristone in person at a clinic. The panel, composed of three judges, reversed a lower‑court decision that had allowed the drug to be shipped while the FDA reviews its regulations.

The ruling stems from a lawsuit filed by Louisiana, a state with some of the nation’s strictest abortion restrictions. Louisiana Attorney General Liz Murrill hailed the decision as a “Victory for Life,” claiming it ends what she called a “nightmare” of mail‑order abortion pills.

Danco Laboratories, one of two U.S. distributors of mifepristone, filed a request for a one‑week administrative stay of the appeals court order. In its filing, Danco said the pause is needed to seek relief from the Supreme Court and warned that the order would cause “immediate chaos” for pharmacies and patients.

Nancy Northup, president of the Center for Reproductive Rights, condemned the decision, stating it is not about scientific evidence but about making abortion “as difficult, expensive, and unreachable as possible.” The American Civil Liberties Union’s Julia Kaye echoed the sentiment, noting that anti‑abortion politicians are now making a medication used safely for over 25 years harder to access.

Mifepristone, approved by the FDA in 2000, is the most common method for medication abortions and is also used to manage early miscarriage. It works by blocking progesterone, a hormone needed to sustain pregnancy, while a second drug, misoprostol, induces uterine contractions. The drug is approved for use up to 70 days of gestation.

The appeals court’s order overturns a prior ruling that allowed mail delivery while the FDA conducts its review. The FDA’s review was prompted by a non‑peer‑reviewed study from a conservative think‑tank, which critics argue lacks scientific rigor.

In 2024, the Supreme Court rejected a challenge to mifepristone, finding that the plaintiffs lacked standing, a legal term meaning they could not demonstrate a direct injury. The current request for a stay puts the issue back before the nation’s highest court, potentially setting a new precedent for how medication abortions are accessed.

What to watch next: The Supreme Court’s response to Danco’s emergency petition and any subsequent rulings that could reshape nationwide access to medication abortion.