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The opinion in No. 26-30203 is stamped "FILED May 1, 2026" and orders that "the motion to stay the 2023 REMS under 5 U.S.C. § 705 pending appeal is GRANTED".
Timeline: Louisiana sued on 6 October 2025, the district court paused the case on 7 April 2026, Louisiana asked the Fifth Circuit on 17 April, and on 1 May the court temporarily reinstated the in-person requirement; Danco and GenBioPro went to the Supreme Court on 2 May.[1]
Says the 1 May order took effect immediately and nationwide, not just in ban states, and that the panel relied on FDA's September 2025 statement conceding inadequate consideration of the earlier REMS changes.[1]
New Orleans station's same-day report that a federal appeals court blocked the policy allowing doctors to mail mifepristone nationwide.[1]
Michigan Gov. Gretchen Whitmer condemned the ruling on Friday 1 May for blocking telehealth prescribing of mifepristone nationwide.[1]
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