Samuel Alito halts appeals court ruling blocking mail-order abortion pills

On Monday, Supreme Court justice Samuel Alito temporarily blocked a 5th circuit appeals court ruling that had barred abortion pills from being sold online and shipped nationwide. The drugmakers behind mifepristone asked the Supreme Court to halt the decision,arguing it would cause “nationwide chaos” after the appeals court reinstated an in-person screening requirement. Alito issued an administrative stay pausing the lower-court ruling until May 11 at 5 p.m. while the Supreme Court reviews emergency requests. Alito also set a deadline for Louisiana officials to respond by Thursday at 5 p.m. The underlying lawsuit, brought by Louisiana, challenges the Biden-era FDA changes that removed in-person screening requirements in 2023 following the 2022 *Dobbs* decision, which returned abortion regulation to states.


Supreme Court Justice Samuel Alito temporarily blocked on Monday an appeals court’s ruling that barred abortion pills from being sold online and transported to patients via mail.

A pair of drugmakers who offer mifepristone, the abortion pill at the center of the litigation, urged the Supreme Court to halt the Friday ruling from the U.S. Court of Appeals for the 5th Circuit, which had restored an in-person screening requirement for the abortion pill, by claiming it created “nationwide chaos.” Alito, the justice who handles emergency appeals from the 5th Circuit, granted an administrative stay, halting the lower court ruling through 5 p.m. on May 11 while the full Supreme Court considers the emergency petitions.

Alito gave Louisiana officials until 5 p.m. on Thursday to respond to the emergency requests from the drugmakers.

APPEALS COURT TEMPORARILY BLOCKS MAIL-ORDER ABORTION NATIONWIDE

The lawsuit brought by Louisiana officials against the Food and Drug Administration and the mifepristone drugmakers challenges the FDA’s decision, under the Biden administration, to remove the in-person screening requirements before giving patients the drug.

The FDA’s rule change came in 2023, in the aftermath of the 2022 Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which returned abortion lawmaking to states.

This is a breaking story and will be updated.



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