Attorney General Phil Weiser files brief urging Supreme Court to stay restrictions on mifepristone
May 4, 2026 (DENVER) — Attorney General Phil Weiser today joined a coalition of 22 states and the District of Columbia in urging the U.S. Supreme Court 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 Fifth Circuit ruling would reinstate a medically unnecessary in-person dispensing requirement for mifepristone, which can be safely provided through telehealth. In an court brief filed with the Supreme Court, Attorney General Weiser 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.
“A nationwide ban on accessing mifepristone through the mail undermines Colorado’s authority to protect and expand access to reproductive health care. In the wake of the Supreme Court’s Dobbs decision eliminating the federal constitutional right to abortion and returning regulation of abortion to the states, Colorado took action to safeguard reproductive rights and protect access to medication abortion. The courts cannot leverage medically unnecessary federal drug regulations to override state policies or impose unneeded barriers to care in Colorado where abortion is legal,” said Attorney General Weiser.
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 approved mifepristone in 2000, an estimated 7.5 million women in the United States have used the medication safely. Medication abortion now accounts for 63 percent of all abortions, 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 Weiser 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. The attorneys general also argue that the ruling would disrupt care in states like Colorado, 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.
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 Weiser in filing today’s brief are the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, as well as the governor of Pennsylvania.
Read the court brief filed with the Supreme Court (PDF).
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