Harrisburg, PA – Today, Governor Josh Shapiro announced that Pennsylvania has joined a multistate amicus brief urging reversal of a recent federal appeals court decision that restricts access to medication abortion – which accounts for over 60 percent of all abortions – by blocking the mailing of mifepristone prescriptions.
On May 1, a three-judge panel of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit issued a ruling requiring that mifepristone — one of the most common methods of medication abortion in the United States since its approval by the U.S. Food and Drug Administration (FDA) in 2000 — be dispensed only in person at clinics, overriding longstanding guidance from the FDA and disrupting care for patients across the country. The decision marks one of the most significant developments in abortion policy since the U.S. Supreme Court overturned Roe v. Wade in 2022.
Friday’s ruling was appealed to the U.S. Supreme Court and on Monday morning, Justice Alito administratively stayed the Fifth Circuit’s ruling until May 11, 2026.
“The Fifth Circuit’s ruling is a direct attack on women’s health care and their ability to make decisions about their own bodies — as long as I’m Governor, I will always protect a woman's right to choose,” said Governor Shapiro. “Despite this court’s ruling, Pennsylvanians should know that abortion remains safe, accessible, and legal here in our Commonwealth. Mifepristone is a safe, effective medication that has been widely used for decades, but once again, anti-abortion advocates are pushing junk science and encouraging the courts to upend decades of research in their continued assault on a woman’s freedom to choose. My Administration is taking action to push back, protect access, and ensure Pennsylvanians can continue to get the care they need.”
The Fifth Circuit issued an order that would prohibit mifepristone from being mailed or distributed by certified pharmacies. The U.S. Supreme Court has stayed that decision, which would create new barriers to access nationwide. Even if the Fifth Circuit’s ruling goes into effect, abortion — including medication abortion — remains safe and legal in Pennsylvania.
Patients seeking care should consult with a qualified provider about their options. The Shapiro Administration will continue to provide updates and resources to help Pennsylvanians access safe and legal care.Pennsylvanians can find up-to-date information about their rights, available services, and how to access care through the Commonwealth’s Freedom to Choose website, which includes guidance on medication abortion, in-clinic care, and how to connect with providers.
Under Pennsylvania law, abortion remains legal up to 24 weeks of gestation and beyond when necessary to protect the patient’s life or to prevent serious bodily injury, and both procedural and medication abortion remain legal and available in the Commonwealth.
The amicus brief highlights the overwhelming medical consensus that medication abortion — including the use of mifepristone — is safe, effective, and a critical component of reproductive health care. Decades of peer-reviewed research and findings from leading medical organizations and federal regulators confirm mifepristone’s strong safety record and its essential role in both abortion care and the management of early pregnancy loss. Medication abortion now accounts for a majority of abortions nationwide, and telehealth — including prescribing by mail — has been proven to safely expand access to care, particularly for patients in rural, underserved, or restrictive states, making the appeals court’s decision especially harmful to those who rely on these options.
Governor Shapiro has taken repeated action to protect reproductive freedom in Pennsylvania. He has maintained an executive order protecting out-of-state patients seeking care here. And he did not defend the state’s longstanding Medicaid abortion-coverage ban — paving the way for the Pennsylvania Commonwealth Court’s April 2026 ruling expanding access.
Under his leadership, the Commonwealth has worked to expand access to care, protect providers, and ensure that patients — including those traveling from other states — can receive care safely.
Today’s action builds on Governor Shapiro’s continued efforts to defend reproductive freedom. In 2024, Pennsylvania joined a multi-state amicus brief urging the U.S. Supreme Court to maintain access to mifepristone and uphold the FDA’s longstanding authority over drug approval and regulation.
Pennsylvania is a member of the Reproductive Freedom Alliance, a coalition of governors committed to safeguarding abortion access and protecting providers and patients in the wake of increasing restrictions nationwide.
Abortion remains safe, accessible, and legal in Pennsylvania. The Shapiro Administration remains committed to ensuring that reproductive health care decisions are made by patients and their doctors — not politicians — and will continue to fight efforts that threaten access to care.
The multistate amicus brief is led by New York Attorney General Letitia James and joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.