Attorney General Kwame Raoul announced on May 4 that the U.S. Supreme Court entered an administrative stay to pause a ruling by the U.S. Court of Appeals for the Fifth Circuit, which would have restricted access to mifepristone, a medication used for abortion care. The Supreme Court’s order followed shortly after Raoul and a coalition of 22 attorneys general and the governor of Pennsylvania filed an amicus brief urging the court to block the restrictions.
The issue is significant because mifepristone has been widely used in early-term abortion care and miscarriage management, with studies supporting its safety and effectiveness. The coalition argued that reinstating in-person dispensing requirements would create regulatory challenges nationwide and interfere with states’ abilities to maintain access to reproductive health care, especially in rural or medically underserved areas.
“For more than 25 years, mifepristone has been used safely and effectively in the United States and around the world. As the most common method for early-term abortion care and the standard of care for managing early miscarriage, there is no legal or scientific reason to restrict its access,” Raoul said. “Medical decisions should be between patients and their providers, and should be guided by science, not political agendas. I will continue to push back on unnecessary restrictions to protect access to reproductive care.”
According to information from the official website, the Illinois Attorney General advocates for vulnerable groups such as workers, immigrants, seniors; handles thousands of consumer complaints each year; aims to protect consumers while promoting safer communities; extends advocacy efforts across Illinois; partners with law enforcement; promotes open government; and offers services including complaint filing for consumer fraud or civil rights.
The FDA eliminated mandatory in-person dispensing requirements for mifepristone after extensive review in 2023, enabling telehealth prescriptions through certified mail-order pharmacies—a move shown during COVID-19 pandemic conditions not only safe but expanding patient access where barriers exist. In their brief, Raoul’s coalition said that restoring these requirements would limit telehealth options—now responsible for a growing share of abortions—and increase strain on clinics already facing higher demand since federal protections were rolled back following Dobbs v. Jackson Women’s Health Organization.
Raoul emphasized that courts should not use federal drug regulations lacking medical necessity as grounds to override state policy choices regarding reproductive health care: “The attorneys general argue that courts cannot leverage medically unnecessary federal drug regulations to override those state policy choices or impose unnecessary barriers to care in states where abortion is legal.” He noted ongoing efforts within Illinois—including legislative proposals protecting reproductive rights—and broader collaborations opposing restrictive abortion measures at both state and national levels.
