Mail-Order Abortion Goes To SCOTUS

May 6, 2026

Stopping Joe Biden’s mail-order abortion free-for-all 

Fifth Circuit Court of Appeals action in Louisiana v. FDA likely to fast-track abortion pill case to the US Supreme Court

On May 1, 2026, the U.S. Court of Appeals for the Fifth Circuit STOPPED mail-order abortion nationwide.  

On May 4, 2026, the U.S. Supreme Court issued a temporary administrative stay until May 11, ALLOWING mail-order abortion to continue until that time. 

Liberty Counsel is preparing briefs in this case, Louisiana v. FDA, as it makes its way to the highest court in our land.  

The fight to END Mail-Order Abortion is heating up, and we need your immediate help to save the unborn from being poisoned to death. Support our legal fund today and a Challenge Grant will DOUBLE your gift.

For over 20 years, the abortion drug mifepristone was considered so dangerous that it could only be dispensed in person by a licensed medical doctor. This is because the drug has long been known to cause severe, and life-threatening complications. The in–person dispensation requirement ensured that if the woman suffered a medical emergency as a result of the pills, the doctor would be right there to assist.

But so great was the Biden administration’s desire to abort as many children as possible, his administration waived safety protocols, allowing mail-order delivery of the drugs without even a physical examination of the patient!

Abortion zealots in other states immediately used the Biden policy to ship abortion drugs into pro-life states where abortion is illegal, including Louisiana.

As a result, Louisiana’s emergency rooms began flooding with post-chemical-abortive women experiencing serious complications from the drugs the out-of-state doctors had illegally prescribed.

Now Louisiana is trying to stop the tide of dead unborn children and hemorrhaging mothers, not to mention the flagrant violation of state laws by out-of-state doctors. The state is suing the U.S. Federal Drug Administration to REINSTATE the safety protocols, especially the in-person examination requirements that Biden waived.

On Friday, May 1, 2026, the Fifth Circuit Court of Appeals issued a temporary injunction, BANNING ALL mail-order abortions until the full case could be heard.

Over the weekend, the top manufacturers of the abortion pills ran to the U.S. Supreme Court, which issued a temporary stay of the court’s ruling the following Monday, May 4. The stay will remain in place until May 11.

Liberty Counsel is fighting for LIFE.

The decision is widely described as the most consequential abortion-related ruling since the overturn of Roe v. Wade because it affects the entire country, not just states with abortion bans.

The Biden administration acted unlawfully and purposefully ignored safety risks when it removed the long-standing safety protections.

Because of that, the abortion pill now accounts for more than 60% of all U.S. abortions, and more than 1,000 American children die every single day as a result.

Help us stop the slaughter of innocents by supporting our legal fund today. When you do, a special Challenge Grant will DOUBLE the impact of your donation.

Mat Staver
Founder and Chairman
Liberty Counsel


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SOURCES:

Howe, Amy. “Court Issues Temporary Order Allowing Access to Abortion Pill by Mail.” SCOTUSblog, May 4, 2026.

SCOTUSblog.com/2026/05/abortion-pill-dispute-returns-to-supreme-court/.

Jones, Rachel K., and Amy Friedrich-Karnik. “Medication Abortion Accounted for 63% of All US Abortions in 2023—an Increase from 53% in 2020.” Guttmacher, March 2024. Guttmacher.org/2024/03/medication-abortion-accounted-63-all-us-abortions-2023-increase-53-2020.

Sherman, Mark, and Geoff Mulvihill. “Supreme Court Restores Access to Abortion Pill Mifepristone Through Telehealth, Mail and Pharmacies.” AP News, May 4, 2026. APNews.com/article/abortion-pills-mifepristone-supreme-court-louisiana-0533e83d67148fdfec53b1d0d30c1e8a.

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