Supreme Court maintains abortion pill mifepristone access by mail for now

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The Supreme Court is keeping mifepristone available by mail for at least three more days, making Thursday the next deadline to watch for the full court to weigh in on the nationwide issue.

The drug’s manufacturers brought emergency appeals to the justices after a federal appellate panel issued an order on May 1 that would stop the abortion pill from being mailed nationwide. The companies, Danco and GenBioPro, called the lower court order unprecedented and warned of chaos if it wasn’t halted. The order came from a three-judge panel of all GOP appointees, including two Trump appointees, on the U.S. Court of Appeals for the 5th Circuit.

Justice Samuel Alito, who fields emergency appeals from that circuit, granted temporary relief for the drug companies on May 4, pending further review from the full court. He issued what’s known as an administrative stay, which wasn’t a ruling saying that he agreed or disagreed with the companies, but its practical effect was to keep the drug available while he and his colleagues considered the matter further.

Alito had set a deadline of Monday at 5 p.m. ET, which raised the possibility that the full court would weigh in by then. But as that deadline neared on Monday afternoon, he extended the administrative stays in Danco’s and GenBioPro’s appeals through Thursday at 5 p.m. ET.

So now, Thursday will be the next deadline to watch for the full court to weigh in. As is typically the case for these administrative orders, no explanation accompanied them.