US Supreme Court issues stay pending appeal enabling abortion pill to be distributed

Press releases | 21 April 2023

Washington, D.C., 21 April 2023 – Today, the U.S. Supreme Court issued a stay pending appeal that will enable Danco Laboratories’ Mifeprex® (mifepristone) Tablets to be distributed during litigation over FDA approval of the drug.

Hogan Lovells partner Jessica Ellsworth, who leads the firm’s representation of Danco, said:

“The Court’s order today preserves crucial access to a drug relied on by millions of patients. The lower courts’ reversal of longstanding FDA approvals has caused widespread chaos among providers, patients, and healthcare systems. Today’s order provides continuity to all concerned as we litigate the underlying issues in this case.

“We are confident that the FDA acted well within its authority, and in accordance with the law, in approving Mifeprex, and we will continue to defend Danco’s ability to distribute this important drug.”

Danco’s petition for a stay is here.

More about this case is here.