Danco Laboratories submitted the fast-track appeal to the Supreme Court on Saturday, asking the justices to pause a decision by the 5th US Circuit Court of Appeals that reinstated a nationwide requirement for in-person medication pickup. The appeal was filed with conservative Justice Samuel Alito and marks the second time in less than two years that the drug has returned to the high court's docket.
The 5th Circuit's ruling, issued one day before the emergency filing, revived an in-person requirement that significantly restricts access to mifepristone, one of two drugs used in medication abortion regimens. This decision threatens to undermine access to the procedure at a time when medication abortions have become increasingly common across the country, particularly in states that have imposed strict abortion bans following the Supreme Court's 2022 decision to overturn Roe v. Wade.
Danco's attorneys argued in their filing that the lower-court ruling "injects immediate confusion and upheaval into highly time-sensitive medical decisions." The company raised urgent questions about patients already scheduled for weekend appointments or those attempting to obtain prescriptions filled by providers in states including New York, Minnesota, and Washington. The manufacturer urged the Supreme Court to issue an "administrative" stay that would immediately pause the 5th Circuit's decision while the case proceeds on the merits.
Access to mifepristone through telehealth appointments became available during the COVID-19 pandemic. President Joe Biden's administration finalized rules ending the in-person requirement in 2023, after the Supreme Court overturned Roe. Louisiana subsequently sued, challenging the Biden-era regulation and claiming it undermined the state's own abortion ban. A federal district court declined in April to restrict access to the drug pending an FDA safety review.
Since the Supreme Court's reversal of Roe, medication abortions have grown significantly more common as conservative states have banned or severely restricted clinic-based procedures. According to Guttmacher Institute research, medication abortions accounted for more than 60 percent of all abortions performed in the United States in 2023.
