The Second Circuit’s November 3, 2026 motion order in docket 26-1835 denies the appellant’s request for an injunction pending appeal — a form of emergency appellate relief that can be outcome-determinative long before the merits are fully briefed.

The U.S. Supreme Court has granted emergency relief that keeps nationwide access to mifepristone by telemedicine and mail in place while litigation over the FDA’s regulatory approach moves forward. The order does not resolve the merits, but it preserves the current framework for prescribing and distributing the abortion pill for now — an important signal in a dispute with consequences well beyond reproductive health.

The underlying case challenges FDA decisions that allowed broader access to mifepristone, including dispensing through the mail and via telehealth.