The Supreme Court’s stay on the 5th Circuit’s ruling restricting access to telemedicine abortions is set to expire May 11, a deadline that could bring an extension, allow the restrictions to take effect, or prompt the justices to take up the case in full.
Michael New, assistant professor of social research at The Catholic University of America’s Busch School of Business, told “EWTN News Nightly” on May 8: “The Supreme Court may extend the stay if they need more time to deliberate; they may simply uphold the 5th Circuit Courtʼs decision that bans tele-abortion, and the ban will go into effect; or they may want to do a full hearing [and] conduct oral arguments.”
The Supreme Court on May 4 temporarily blocked a lower court order requiring in‑person dispensing of mifepristone after two manufacturers asked the justices to intervene, prompting Justice Samuel Alito to issue an administrative stay that restores mail‑order access until May 11 at 5 p.m. ET while the court weighs the request.
Although Alito instructed the Food and Drug Administration (FDA) and the state of Louisiana to respond by 5 p.m. ET on May 7, both failed to do so.
New described the development as “odd,” saying the failure by the Justice Department, which represents the FDA, to meet the filing deadline could be that “they don’t want to defend the FDA’s position any longer” or that it may signal a policy change.
“Sometimes when people think theyʼre going to lose a case, they change public policy because theyʼd rather change policy than, you know, lose a court case,” New said. “Itʼs really hard to say at this point.”
Ultimately, New said the Supreme Court should “absolutely” reinstate in-person requirements to obtain medication abortions, saying: “Thereʼs some real serious public health issues at play here.”
Judicial Crisis Network President Carrie Severino gave context for the latest developments in a May 7 interview on EWTN’s “The World Over with Raymond Arroyo,” noting that Louisiana challenged the ruling requiring in-person dispensation of the abortion drug as “now a quarter of abortions are performed by chemical means.”
Severino, a former Supreme Court clerk, said Alito’s stay is a means of “holding the status quo as it is until the Supreme Court has a chance to weigh in.”
“The court should decide hopefully by the 11th, because thatʼs when the stay expires,” she said. “If they donʼt make any decision, then the 5th Circuit ruling goes back into effect and the FDA will have to disallow mailing of these pills, at least during the pendency of litigation, until we can figure out whatʼs happening.”
U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. ordered the FDA to carry out a review of the abortion drug in May 2025, which is still ongoing.
Ultimately, Severino said, the Supreme Court will not be ruling on “what the FDA needs to do at the end of the day” but on whether abortion drugs will be allowed to be mailed into Louisiana or not.
“Eventually, you know, then itʼs going to go back and the district court and the 5th Circuit are going to have to reconsider it,” she said. “It could well return to the Supreme Court ultimately, but thatʼs going to be a ways down the litigation.”
The U.S. Conference of Catholic Bishops (USCCB) has spoken out against the dangers of mail-order abortion drugs for women and urged the FDA to restore in-person visits to screen for life-threatening conditions such as ectopic pregnancies as well as abuse and human trafficking.
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