Published

May 14, 2026

Washington, DC — The United States Supreme Court today granted the stay requested by Danco Laboratories and GenBioPro, in Louisiana v. FDA, allowing chemical abortion drugs to continue to be sent by mail without an in-person physician visit, including shipment into states like Texas with laws protecting life from conception, while litigation continues.

Justices Thomas and Alito dissented.

“It is tremendously disheartening that the lives, health, and future fertility of women will continue to be placed in danger by mail-order chemical abortion drugs,” said Texas Alliance for Life Executive Director Amy O’Donnell. “Texas laws protect both women and their unborn children from the moment of conception. The federal government must stop undermining them.” 

The dissents of Justices Thomas and Alito are particularly significant. Justice Thomas reaffirmed that the Comstock Act already makes it a federal crime to mail chemical abortion drugs for use in abortions in any state. Justice Alito noted that the mail-order abortion drug scheme directly undermines the Court’s own landmark decision in Dobbs v. Jackson Women’s Health Organization, which restored to states the constitutional right to protect unborn life.

Both Thomas and Alito further found that Danco and GenBioPro failed to demonstrate they would suffer irreparable harm without the stay. Justice Alito wrote pointedly that “equity demands that profits from unlawful activity be surrendered, not protected.”

Texas Alliance for Life continues to call on the FDA to immediately restore in-person physician visit requirements for chemical abortion drugs, and calls on the federal government to enforce the Comstock Act and stop allowing these dangerous abortion drugs to be shipped into any states whose laws protect life. 

 

Contact: 

Ashley Sosa

Director of Communications

Ashley@texasallianceforlife.org

512-477-1244

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