The Supreme Court on Monday granted a temporary pause to an appeals court ruling that blocked the telehealth provision and mailing of the abortion pill mifepristone nationwide as litigation continues.
The court granted an administrative stay until May 11 at 5 p.m. E.T. to the ruling handed down by the 5th Circuit Court of Appeals in Louisiana on Friday that temporarily barred providers from virtually prescribing and mailing mifepristone, one of the two pills typically used in a medication abortion, while the case over its broader availability continues to play out.
In a brief, 1-page order, Justice Samuel Alito — the justice assigned to emergency requests out of the 5th Circuit — also ordered Louisiana to file a response to the emergency request by Thursday at 5 p.m. E.T.
The temporary action, known as an administrative stay, doesn’t prevent the court from reaching a different outcome when all the justices weigh in, but it halts the lower court ruling for now.
The administrative stay comes as the latest major shift in abortion access after the two Trump-appointed judges and one Bush-appointed judge who make up the 5th Circuit panel ruled Friday that the telehealth provision of the pills should be blocked while a broader case over its availability proceeds. That broader case was brought by Louisiana Attorney General Liz Murrill, a Republican, in October.
In the lawsuit, Murrill argued the Biden administration violated the Administrative Procedure Act in making the pills permanently available by mail in 2021. Previously, an in-person doctor’s visit was required to receive the drugs.
Early last month, a federal judge determined the case should be paused until the FDA completes an ongoing safety review of mifepristone, which was prompted by demands from anti-abortion Republicans. Louisiana subsequently appealed that decision and asked the 5th Circuit to temporarily block telehealth provision of the pills while the case proceeds, which is the request the court granted Friday.
Fallon Gallagher contributed reporting.
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