Danco Laboratories, the manufacturer of the abortion pill mifepristone, has filed an emergency appeal with the US Supreme Court, seeking to halt a court decision that would require an in-person examination before the medication can be prescribed. The appeal, submitted on Saturday, comes just hours after the Fifth US Circuit Court of Appeals temporarily reinstated the in-person dispensing requirement, blocking telemedicine providers from prescribing the drug by mail. This move was in response to a legal challenge from Louisiana.
Emergency Filing Seeks Immediate Pause
In the emergency filing dated 2 May, Danco asked the Supreme Court to immediately pause the lower court's ruling, which it argues limits access to the medication. The company stated that the circuit court's decision "injects immediate confusion and upheaval into highly time-sensitive medical decisions" and would force Danco, healthcare providers, patients, and pharmacies "all to guess at what is allowed and what is not." Danco warned that the ruling would cause widespread "chaos."
Louisiana's Argument and the Court's Ruling
Louisiana contends that allowing the drug to be dispensed through the mail ignores the potential risks of complications from mifepristone, such as sepsis and hemorrhaging. The state also argues that mail-order delivery enables women to circumvent abortion bans. In its ruling, the three-judge circuit court panel agreed with Louisiana, stating that the looser rule "facilitates nearly 1,000 illegal abortions in Louisiana per month." The pill is currently used in nearly two-thirds of pregnancy terminations across the United States, including in states with stringent abortion restrictions.
FDA Review and Ongoing Legal Battle
The US Food and Drug Administration is reviewing the safety of mifepristone after nearly two dozen Republican attorneys general requested a review last year. Earlier this year, the Trump administration petitioned a judge to pause Louisiana's challenge until the FDA completes its review. However, the circuit appeals court blocked that ruling and ordered the in-person dispensing requirement to be reinstated while Louisiana appeals the judge's decision.
Danco's Appeal to the Supreme Court
In its emergency appeal, Danco told the Supreme Court that Louisiana's lawsuit shares the same fundamental flaws as a previous challenge brought by anti-abortion doctors. Danco argued that "Louisiana's complaint should have been dismissed outright," adding that "never before has a federal court purported to immediately enjoin a several years' old drug approval; restrict a distribution system for that drug that manufacturers, providers, patients, and pharmacies have all been using for years; or reinstate conditions that FDA determined do not meet the mandatory statutory criteria."
