The Supreme Court gets thrown back into the abortion wars
The 5th Circuit Court of Appeals has again attempted to restrict access to mifepristone, a medication used in abortions, prompting pharmaceutical companies to seek Supreme Court intervention. The legal issues mirror those in a 2024 Supreme Court case, FDA v. Alliance for Hippocratic Medicine, where the Court unanimously dismissed the challenge due to lack of jurisdiction. Although Justice Samuel Alito issued a temporary stay, concerns remain about the current Court's willingness to uphold its prior precedent given its recent anti-abortion rulings.
- ▪The 5th Circuit Court of Appeals ruled to block changes to the FDA's mifepristone protocol that allowed telemedicine consultations and mail delivery of the drug.
- ▪Pharmaceutical companies Danco Laboratories and GenBioPro have asked the Supreme Court to intervene, citing the precedent set in FDA v. Alliance for Hippocratic Medicine (2024).
- ▪In that 2024 case, the Supreme Court unanimously held that federal courts lacked jurisdiction to hear challenges to the FDA's mifepristone regulations.
- ▪Justice Samuel Alito issued a temporary order blocking the 5th Circuit’s decision until May 11, 2026.
- ▪The Court's Republican majority has recently issued anti-abortion rulings that deviate from established precedents, raising doubts about its approach in this case.
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PoliticsThe Supreme Court gets thrown back into the abortion wars Why haven’t the Republican justices banned mifepristone already?by Ian MillhiserMay 4, 2026, 5:30 PM UTCShareGiftA woman dressed as a mifepristone pill dances with supporters of Planned Parenthood and pro-choice activists during a rally outside the US Supreme Court on April 2, 2025, in Washington, DC. Drew Angerer/AFP via Getty ImagesIan Millhiser is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States.
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