Update: May 14, 2026 SCOTUS granted another stay for access to medication abortion. This is a developing story, and we will work to keep you updated as this case moves forward.
The threat to mifepristone access is real, ongoing, and demands our continued vigilance.
On Friday, May 1, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a ruling that would significantly impact the ability of abortion patients across the United States, including here in Washington where abortion is and remains legal, to access mifepristone.
This morning, the United States Supreme Court issued a stay of that ruling, meaning direct-to-patient medication abortion (telehealth) remains legal and accessible while legal proceedings continue.
While Pro-Choice Washington is relieved that patients can continue to access this essential medication without having to see a doctor in person, today’s decision by SCOTUS is not a victory. We know this is only temporary.
Since the overturning of Roe v. Wade in 2022, anti-abortion activists have targeted medication abortion in their crusade to restrict access to care. They have lobbied the Trump Administration to appoint activist judges who oversee conversative court district and received rulings like this, time after time.
Pro-Choice Washington is not waiting for the courts to protect patients and our communities.
That is why we have been proud to champion two critical pieces of legislation here in Washington state. The Improving Access to the Mifepristone Stockpile bill ensures that Washington maintains an emergency supply of mifepristone so that patients in our state are protected even if federal access is curtailed. And the Shield Law which protects Washington providers and patients from out-of-state legal prosecution for providing or receiving abortion care.
Both are critical safeguards as hostile states grow bolder in trying to reach across state lines. These are not hypothetical protections. They are the infrastructure we are building now, because we know rulings like the Fifth Circuit’s will keep coming.
Mifepristone is an FDA-approved medication that is one of two medications used in medication abortions. Since its FDA approval over 25 years ago, mifepristone has been proven to be demonstrably safer than Tylenol and is used in nearly two-thirds of all abortions nationwide.
The Fifth Circuit’s ruling, now stayed, would have reinstated a nationwide requirement that mifepristone must be obtained in-person at a clinic, hospital, or medical office. This would have ended all patients’ ability to receive the medication by mail or at a pharmacy following a telehealth appointment.
The ruling in the Fifth Circuit overrides a 2023 FDA regulation that had permanently lifted the in-person dispensing requirement and was decided by a panel composed entirely of judges nominated by Republican presidents, two of them by former President Donald J. Trump.
Executive Director Sami Alloy released the following statement:
“The Supreme Court’s stay gives us a moment to breathe, but only a moment. The Fifth Circuit’s ruling made clear that this court-driven assault on mifepristone access is not going away.
The ruling was never about safety. It is about creating political barriers to strip patients of their access to lifesaving abortion care. Telemedicine is a transformative tool that helps patients here in Washington overcome real barriers like cost, travel time, childcare, and appointment availability. These barriers often stand between them and the care they need.
That is exactly why Pro-Choice Washington has fought to pass the Mifepristone Stockpile bill and our Shield Law. We are building safeguards to protect Washington patients no matter what federal courts do next. We will not stop fighting until access is permanently restored and protected for every patient in this state and across this country.“
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Pro-Choice Washington, founded in 1970, is Washington state’s oldest and most established reproductive rights advocacy organization. Through education, legislation, and electoral action, Pro-Choice Washington works to ensure that every person in Washington State has access to the full range of reproductive health care, including abortion.
