Monday, May 04, 2026

Supreme Court Grants 1-Week Administrative Stay of 5th Circuit's Abortion Drug Decision

U.S. Supreme Court Justice Samuel Alito this morning granted an administrative stay until 5:00 PM on May 11th in Danco Laboratories, L.L.C. v. State of Louisiana (full text of Order) and in Genbiopro, Inc. v. State of Louisiana (full text of Order). Justice Alito is responsible for receiving Emergency Petitions from the 3rd and 5th Circuits. The administrative stay of the 5th Circuit Court of Appeal's May 1 decision (see prior posting) means that mail order delivery of the abortion drug mifepristone can continue at least temporarily. A response to the pharmaceutical companies' petition for a longer stay of the 5th Circuit's decision must be filed by Louisiana by 5:00 PM on May 7. CNN reports on today's action by Justice Alito.