On May 1, 2026, the Fifth Circuit Court of Appeals issued a decision temporarily reinstating a requirement that the abortion pill mifepristone be obtained in person, rather than by mail. This ruling restricts mail-order access to the medication, which had been expanded during the COVID-19 pandemic.
The court's order applies to several states, including Texas, Louisiana, and Mississippi, where the case originated. The decision is part of ongoing litigation challenging the FDA's approval and regulation of mifepristone, which is used in medication abortions.
The Biden administration has indicated it will appeal the ruling, arguing that the in-person requirement imposes an unnecessary burden on patients, particularly those in rural areas. The case is expected to reach the Supreme Court.
Medical experts note that mifepristone has a long safety record, with serious complications occurring in less than 1% of cases. The FDA had lifted the in-person dispensing requirement in 2021, citing evidence that the drug could be safely used via telemedicine and mail-order.
The ruling does not affect the availability of mifepristone in clinics or hospitals, but it limits the option of receiving the medication by mail, which had become increasingly common.
