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reproductive rights
Mifepristone Maker Appeals to US Supreme Court Amid Fears of 'National Abortion Ban'
"The safety of mifepristone has never actually been in question," said one advocate. "As this case moves towards the US Supreme Court, we will fight until every person has access to the care they need."
May 02, 2026
A pharmaceutical company which manufactures mifepristone filed an appeal to the US Supreme Court on Saturday asking for emergency relief from the "sweeping and dangerous" lower-court ruling Friday that would prohibit the mailing of the widely used abortion medication nationwide.
Danco Laboratories, which makes the popular drug and is part of ongoing litigation stemming from a legal challenge by the Republican-controlled state of Louisiana, said Friday's ruling by the Fifth Circuit of Appeals—a decision roundly condemned by reproductive rights advocates as an attack on women's health and the right to choose across the country—will cause "tremendous uncertainty" on the "legal status of mifepristone throughout the country” if it goes into effect.
The company further argued that the ruling as it stands leaves medical providers, patients, and pharmacies “all to guess at what is allowed and what is not," whether or not abortion is legal in the state where a patient is trying to obtain it.
The company asked the nation's highest court for an immediate administrative stay to the 5th Circuit's ruling while the challenge to the drug's availability makes its way through lower courts. It also urged the Court to take up the case itself prior to the upcoming summer recess.
According to Politico:
Even a temporary disruption of access to mifepristone will have massive implications. The medication is used in nearly two-thirds of all pregnancy terminations, and a quarter of patients depend on telehealth to obtain them. The ruling also cuts off telemedicine prescription of the drug for non-abortion purposes, such as easing miscarriages.
In the wake of Friday’s ruling, medical and progressive advocacy groups stressed that doctors can still use telehealth to prescribe the other abortion pill — misoprostol. The drug can be used on its own to end pregnancies and carries fewer restrictions because it is used for an array of other purposes, including treating ulcers and stopping hemorrhages.
Skye Perryman, president and CEO of Democracy Forward who also the legal effort to make mifepristone available by mail during the COVID-19 pandemic as then-Chief Legal Officer and General Counsel of the American College of Obstetricians and Gynecologists, issued the following statement
“Women’s ability to access mifepristone through the mail or from their pharmacy has revolutionized access to care. Now, as anti-abortion extremists seek to employ their anti-abortion playbook and reverse this hard-fought victory for patients, this decision needlessly blocks people around the country from critical healthcare, discriminating in particular against those who live in rural and other areas where healthcare is inaccessible.
"Here's what is very clear: mifepristone has an OUTSTANDING safety record," said the Center for Reproductive Rights on Saturday. "It has been FDA-approved for 25 years and used by more than 7 million people."
Following Friday night's ruling by the 5th Circuit, Mini Timmaraju, president and CEO of the advocacy group Reproductive Freedom for All, said the stakes could night be higher for the right to choose in the United States.
"The court’s decision moves us one step closer to a national abortion ban," Timmaraju warned.
"It is now much more difficult for people to access abortion care," she said. "Anti-abortion politicians know their policies are unpopular, so they are using every lever of government they can. Louisiana built this case on debunked, junk science. The safety of mifepristone has never actually been in question. As this case moves towards the US Supreme Court, we will fight until every person has access to the care they need."
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'Sweeping and Dangerous': US Appeals Court Blocks Mailing of Abortion Pills
The "politically driven" ruling, warned one campaigner, "overrides medical expertise and years of research, and threatens to upend how abortion care is delivered nationwide."
May 01, 2026
Rights advocates swiftly sounded the alarm on Friday after the infamously far-right US Court of Appeals for the 5th Circuit temporarily blocked a federal rule allowing mifepristone to be dispensed by mail, dramatically curtailing access to the medication—commonly used for abortion and early miscarriage care—nationwide, particularly in states with policies hostile to reproductive freedom.
Just months after the US Supreme Court's right-wing supermajority reversed Roe v. Wade, the Food and Drug Administration permanently lifted mifepristone's in-person dispensing requirement in early 2023, under then-President Joe Biden. Louisiana—which has among the nation's most restrictive abortion policies—challenged the FDA's move.
A federal judge in Louisiana paused that lawsuit last month while President Donald Trump's administration conducts an FDA review that seems "designed to manufacture an excuse for further restricting medication abortion across the country," as Julia Kaye, senior staff attorney for the ACLU's Reproductive Freedom Project, warned at the time.
After a panel from the appellate court overturned that decision and revived the in-person dispensing rule on Friday, Kaye declared that "anti-abortion politicians have just made it much harder for people everywhere in the country to get a medication that abortion and miscarriage patients have been safely using for more than 25 years."
"Louisiana's legal attack on mifepristone shamelessly packaged lies and propaganda as an excuse to restrict abortion—and the 5th Circuit rubber-stamped it," she continued. "This decision defies clear science and settled law and advances an anti-abortion agenda that is deeply unpopular with the American people. For countless people, especially those who live in rural areas, face intimate partner violence, or live with disabilities, losing a telemedicine option will mean losing access to this vital medication altogether."
Brittany Fonteno, president and CEO of the National Abortion Federation (NAF), similarly stressed that "this ruling is a sweeping and dangerous rollback that disregards the well-established safety and efficacy of the use of mifepristone via telehealth, and will create immediate, medically unnecessary barriers to care for patients across the country."
"Make no mistake: This ruling is not grounded in science or patient safety," she said. "It is a politically driven decision that overrides medical expertise and years of research, and threatens to upend how abortion care is delivered nationwide. Through this litigation, Louisiana seeks to impose its cruel abortion ban across the nation—including in states with legal protections for abortion—and today the court has taken an extreme step toward that end."
While pledging that "NAF and our allies will continue to advocate to restore full access to medication abortion," Fonteno reminded patients that mifepristone "remains available in doctors' offices, clinics, and hospitals."
Terrific thread. I’ll just add:1. I think there’s a good chance the Supreme Court will stay this decision, allowing providers to keep mailing mifepristone for the time being.2. The Trump administration didn’t want this! Its plan was to wait until after the midterms to crack down on mifepristone.
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— Mark Joseph Stern (@mjsdc.bsky.social) May 1, 2026 at 6:52 PM
After Roe's reversal, the anti-choice movement and its allies in elected offices ramped up efforts to impose state-level restrictions on reproductive healthcare. A significant majority of abortions in the United States involve a two-drug regimen of mifepristone and misoprostol, and a quarter of those patients receive care via telemedicine.
"Telehealth has been the last bridge to care for many seeking abortion, which is precisely why Louisiana officials want it banned," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which joined over 100 other reproductive health, justice, and rights groups, including the ACLU and NAF, that filed an amicus brief in this case.
"This isn't about science—it's about making abortion as difficult, expensive, and unreachable as possible," Northup added. "Telehealth has transformed healthcare. Selectively stripping that away from abortion patients is a political blockade."
The drug companies Danco Laboratories, which makes the brand-name version of mifepristone, Mifeprex, and GenBioPro, which makes the generic, have intervened in Louisiana v. FDA. GenBioPro is represented by the law firm Arnold & Porter and Democracy Forward, whose president and CEO, Skye Perryman, declared Friday that "this is the anti-abortion extremists' playbook in action once again: Weaponize the courts to serve their political interests, ignore decades of scientific evidence proving mifepristone’s safety, and put women directly in harm's way."
"Even as this assault defies the will of the overwhelming majority of the American public, these ideologically extreme politicians and organizations are determined to impose a narrow, autocratic agenda—no matter the cost," she continued, emphasizing that "our fight is not over."
This is a ruling purporting to halt telehealth prescriptions of mifepristone NATIONWIDE. Louisiana asked the Fifth Circuit for a decision by Monday, May 11. That they dropped it on a Friday afternoon feels intentional to keep it in effect for longer. Expect emergency appeal to SCOTUS shadow docket
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— Susan Rinkunas (@susanrinkunas.com) May 1, 2026 at 5:35 PM
The effects of the 5th Circuit's decision are expected to be immediate absent a quick intervention from the Supreme Court, and Nourbese Flint, president of All* Above All, warned that "as always, the people most impacted will be Black and brown communities and those already navigating systemic barriers to care."
Serra Sippel, executive director of the Brigid Alliance, a national abortion support group that helps coordinate and fund travel, said that "we expect to see an immediate increase in patients forced to travel hundreds or even thousands of miles for care. That includes many who are later in pregnancy—when care is more complex and more expensive."
"Over the past several years, we've seen a dramatic rise in abortion travel and a growing reliance on practical support networks like ours, particularly in states where patients already travel long distances for care," Sippel noted. "We will continue to monitor the impact of this ruling and are committed to ensuring abortion patients who need to travel can safely get to the care they need, regardless of where they live."
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Georgia Judge Denounces Murder Charge in Abortion Case as 'Extremely Problematic'
States that have criminalized abortion are "getting much more explicit" in pushing to prosecute women for obtaining abortion care, said one rights advocate.
Mar 24, 2026
A state judge in Georgia on Monday set a bail payment at just $1 for a woman who was charged with murder earlier this month after she took abortion pills to end a pregnancy—a charge about which Judge Steven G. Blackerby of State Superior Court expressed extreme skepticism.
“I think that charge is extremely problematic,” Blackerby said during a hearing that the woman, Alexia Moore, attended virtually. “That is going to be a hard charge to convict upon.”
District Attorney Keith Higgins, who is overseeing the case against Moore, also did not appear convinced that the 31-year-old should be imprisoned for the medication abortion she had last December. He told the judge that "whatever bond the defendant can make that will allow her to get out of jail is appropriate," and noted that police in Kingsland, Georgia had brought charges against Moore without his office's support.
Higgins said he was not ready to drop the murder charge altogether, but said he was also not prepared to present the case to a grand jury.
Moore had been in jail for about two weeks when the hearing took place. Investigators in Kingsland accused her of “unlawfully and with malice aforethought [causing] the death of Baby Girl Moore.” In addition to malice murder they charged her with possession of a controlled substance and a dangerous drug.
She was rushed to Southeast Georgia Health Center on December 30 after experiencing severe abdominal pain. Court records showed Moore told the medical staff she had taken about eight pills of misoprostol, a pill that can be used for medication abortion, and oxycodone for pain. She went into labor at the hospital and delivered a baby who was determined to be in the second trimester of development. The baby was declared dead about an hour after birth.
She said she had bought the medication online and believed herself to be less than 14 weeks pregnant.
The Kingsland Police Department did not specifically cite Georgia's six-week abortion ban—which the state Supreme Court has allowed to remain in effect despite a Superior Court ruling that permanently enjoined the ban and found it unconstitutional—but The New York Times reported that documents supporting the department's arrest warrant "echoed aspects of the ban, including saying that 'the baby was well beyond six weeks of conception.'"
The police said Moore was charged with murder because “the victim became a person at the moment of live birth.”
Higgins acknowledged in court that the malice murder charge may not meet "factual and merit" standards, and both Blackerby and Kelly Turner, Moore's defense attorney, noted that Georgia law prohibits the criminalization of someone who has induced an abortion on themself.
The Current, a Georgia-based outlet, also reported that "privacy issues" are likely to be scrutinized in court if the district attorney continues to pursue the case.
"A security guard at Southeast Georgia Health Center in St. Marys called police after medical staff said that Moore had ingested abortion medication and the infant was older than six weeks, according to police records, which also cited Moore’s previous abortion history," reported The Current.
Turner argued in court that Moore legally procured the misoprostol and noted that her blood tests and hospital records did not show Oxycodone in her system.
"Today’s decision is a reminder that justice is not served by accusation alone," said Don Plummer, press officer for the Georgia Public Defender Council, which is representing Moore.
Author and advocate Jessica Valenti of Abortion, Every Day emphasized after Moore's arrest that the murder charge shows how states that have criminalized abortion care are "getting much more explicit" about the anti-choice movement's desire to punish women for obtaining abortions—even though in the past, laws have typically avoided prosecuting them.
A 31-year-old in Georgia has been arrested and charged with murder for allegedly ending her pregnancy with abortion medication.
Here’s what we know: pic.twitter.com/EXAcMqEdak
— Jessica Valenti (@JessicaValenti) March 16, 2026
The district attorneys of Georgia's four largest counties pledged in 2019, after the passage of the Living Infants Fairness and Equality Act, that they would not prosecute people who obtain abortions.
Since Roe v. Wade was overturned in 2022, women in states including Kentucky, Ohio, and South Carolina have faced charges for obtaining abortion care and for suffering pregnancy loss. An Ohio woman sued medical providers last year for conspiring with police to fabricate a criminal case against her; she had been charged with felony abuse of a corpse after having a miscarriage, but a grand jury declined to indict her.
"I really hope that people are paying attention to this," said Valenti of the attempt to bring charges against Moore. "They really are counting on us being too overwhelmed to act, so it's incredibly, incredibly important that we let them know we're paying attention."
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