Mark Joseph Stern
@mjsdc.bsky.social
BREAKING: The Supreme Court HALTS the 5th Circuit's decision blocking telemedicine mifepristone nationwide. Alito and Thomas dissent. Thomas suggests that mailing abortion pills violates the Comstock Act.
https://www.documentcloud.org/documents/28124629-25a1207-order/
SUPREME COURT OF THE UNITED STATES
No. 25A1207
DANCO LABORATORIES, LLC v. LOUISIANA, ET AL.
ON APPLICATION FOR STAY
No. 25A1208
GENBIOPRO, INC. v. LOUISIANA, ET AL.
ON APPLICATION FOR STAY
[May 14, 2026]
The applications for stay presented to JUSTICE ALITO and
by him referred to the Court are granted. The May 1, 2026
order of the United States Court of Appeals for the Fifth
Circuit, case No. 2630203, is stayed pending disposition of
the appeal in the United States Court of Appeals for the
Fifth Circuit and disposition of a petition for a writ of certi-
orari, if such a writ is timely sought. Should certiorari be
denied, this stay shall terminate automatically. In the
event certiorari is granted, the stay shall terminate upon
the sending down of the judgment of this Court.
JUSTICE THOMAS, dissenting.
Applicants are manufacturers and distributors of mife-
pristone, a drug that is primarily designed to cause abor-
tion. They complain that the Fifth Circuits order would
reduce profits they derive from selling mifepristone. I
would deny their applications because they have not satis-
fied their burden for securing interim relief.
I write separately to note that, as Louisiana argued be-
low, it is a criminal offense to ship mifepristone for use in
abortions. The Comstock Act bans using the mails to ship
ALT
5:28 PM · May 14, 2026