Emergency Request Filed
Danco Laboratories, the manufacturer of mifepristone, on Saturday asked the Supreme Court to block a lower court ruling that would require in-person dispensing of the abortion pill nationwide. Danco filed an emergency motion seeking an "immediate administrative" stay of the ruling. The company argued that the Fifth Circuit court went too far by limiting the sale of mifepristone to in-person distribution.
Appeals Court Ruling
The 5th U.S. Circuit Court of Appeals sided with Louisiana, issuing a temporary nationwide injunction that blocks doctors from prescribing mifepristone through telehealth services or dispensing it through the mail. The appeals court ruling temporarily froze federal rules allowing the teleprescribing and mailing of abortion drugs. The state of Louisiana argued that the federal rules undermined its laws protecting unborn human life and caused it to spend Medicaid funds on emergency care for women harmed by mifepristone.
Impact on Access
The appeals court ruling reinstates a requirement that patients visit a health care provider in person to obtain mifepristone. Reproductive rights advocates say the appeals court ruling will curtail nationwide access to necessary care. Medication abortions account for more than half of abortions in the U.S. Distributing mifepristone by mail has been a key way for women who live in states with abortion bans to access abortion care.
Danco's Concerns
Lawyers for Danco wrote in their filing that a stay should be issued to prevent the disruption and confusion that will result if the decision remains operative. The company also cited the "irreparable" harm to its economic interest from a nationwide ban on telehealth and mail distribution of the only product it sells. Danco argued that the lower court stayed conditions on the distribution of mifepristone that have been in effect for over five years, calling it unprecedented.
Reactions to the Ruling
Planned Parenthood Action Fund President and CEO Alexis McGill Johnson expressed support for Danco’s appeal. Rep. Ayanna Pressley said that a court packed with Trump-appointed extremists decided to make medication abortion harder to access. Regina Davis Moss, CEO of advocacy group In Our Own Voice, said it is unconscionable to restrict lifesaving access to abortion medication.
Next Steps
The Supreme Court previously threw out a challenge to the mifepristone rules in 2024, finding that doctors who pressed the case lacked legal standing. Alabama lawmakers are set to convene in Montgomery starting Monday to discuss potentially moving the state’s May 19. A second company, GenBioPro, was expected to file a similar appeal.
For example, Danco's filing states that without a valid legal framework for distributing mifepristone, the company may be unable to continue operating, as Mifeprex is its only product.