SCOTUS Issues Temporary Stay on Mifepristone Restrictions after OR AG Rayfield and CoalitionFile Brief

https://www.doj.state.or.us/media-home/news-media-releases/ag-rayfield-files-brief-scotus-issues-temporary-stay-on-mifepristone-restrictions/

DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

May 4, 2026

FOR IMMEDIATE RELEASE

CONTACT:
Jenny Hansson, Communications Director
Jenny.Hansson@doj.oregon.gov

U.S. Supreme Court Issues Temporary Stay on Restrictions on Mifepristone after Attorney General Rayfield and Coalition File Brief

Salem, OR – Attorney General Dan Rayfield and a coalition of 21 other states and the District of Columbia successfully urged the U.S. Supreme Court today to stay a ruling by the U.S. Court of Appeals for the Fifth Circuit that would restrict access to mifepristone, a safe and effective abortion medication. The Supreme Court issued an order administratively staying the Fifth Circuit’s ruling until next Monday, May 11. The Supreme Court’s order maintains access to mifepristone while it considers the manufacturers’ stay applications.



“Mifepristone is safe, effective, and can be provided through telehealth without any risk to patients – and the Fifth Circuit’s ruling ignores that evidence,” said Attorney General Rayfield. “This is especially important to women in remote areas of our state. Oregon has fought hard to protect and defend reproductive health care, and we will keep fighting to make sure access remains in place.”



The Fifth Circuit ruling would reinstate a medically unnecessary in-person dispensing requirement for mifepristone, which can be safely provided through telehealth. In an amicus brief filed with the Supreme Court, Attorney General Rayfield and the coalition argue that the Fifth Circuit’s ruling is not supported by law or science, would create regulatory and administrative chaos nationwide, and would interfere with states’ ability to protect access to reproductive health care within their borders, particularly in rural and medically underserved areas.



Mifepristone, when used in combination with misoprostol, is the standard medication used to terminate a pregnancy through 10 weeks. Since the U.S. Food and Drug Administration (FDA) approved mifepristone in 2000, an estimated 7.5 million people in the United States have used the medication safely. Medication abortion now accounts for 63 percent of all abortions in the formal U.S. health care system, with approximately one in four abortions provided via telehealth. Studies have consistently found mifepristone to be safe and effective.



In 2023, after extensive review, the FDA eliminated the in-person dispensing requirement for mifepristone as medically unnecessary. That decision followed years of evidence, including during the COVID-19 pandemic, showing that mifepristone could be safely provided without requiring patients to appear in person. The FDA’s action allowed providers to offer mifepristone through telehealth and enabled patients to obtain the medication through certified mail-order pharmacies and other approved channels, expanding access for patients who face significant barriers to in-person care.



Attorney General Rayfield and the coalition argue that reinstating the in-person dispensing requirement would curtail telehealth access to mifepristone, forcing patients to rely on more difficult alternatives or travel for in-person care. Telehealth has become an increasingly important way for patients in Oregon to access abortion care, with the share of abortions provided through telemedicine growing from five percent in 2022 to 27 percent in 2025.



The attorneys general also argue that the ruling would disrupt care in states like Oregon, where abortion remains legal and protected. Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, clinics in states that protect abortion access have faced increased demand from both in-state and out-of-state patients. By forcing more patients to seek in-person care, the Fifth Circuit’s ruling would place new strain on clinics and health care systems that are already stretched.



Attorney General Rayfield and the coalition assert that the Fifth Circuit’s ruling undermines states’ sovereign authority to protect and expand access to reproductive health care. In the wake of the Supreme Court’s Dobbs decision, which eliminated the federal constitutional right to abortion and returned regulation of abortion to the states, many states took swift executive and legislative action to safeguard reproductive rights and expand access to medication abortion.



The attorneys general argue that courts cannot leverage medically unnecessary federal drug regulations to override those state policy choices or impose unnecessary barriers to care in states where abortion is legal. The attorneys general are urging the Supreme Court to act swiftly to stay the Fifth Circuit’s decision and protect patients’ access to mifepristone.



Joining Attorney General Rayfield in filing today’s brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, as well as the Governor of Pennsylvania.