Senator Michelle Hinchey, CEO and Founder of Reproductive Futures Julie Kay, and Senator Shelley Mayer. Photo courtesy of New York State Senate Photography
State Senators Shelley Mayer and Michelle Hinchey and Assemblymembers Karines Reyes, R.N. and Amy Paulin were joined by colleagues and reproductive rights advocates today to denounce the Fifth Circuit’s decision to reinstate a medically unnecessary in-person dispensing requirement for mifepristone, limiting access to the critical medication nationwide – even in states like New York where telehealth services, including prescribing medication abortion to patients in other states, is expressly protected by New York’s 2023 Shield Law.
On Friday, May 1, the Fifth Circuit Court of Appeals issued a ruling requiring the U.S. Food and Drug Administration to reinstate a medically unnecessary in-person dispensing requirement for one of the drugs used for medication abortion. This ruling blocks women across the country from using telehealth to obtain a prescription for mifepristone, which is used in combination with misoprostol for medication abortion. Even in states where abortion remains legal, this ruling will create significant barriers for women seeking safe, timely medication abortion.
The Supreme Court of the United States issued a temporary seven-day stay on Monday, May 4, preserving access to telehealth and mifepristone prescriptions by mail while it considers the case. But if upheld, the Fifth Circuit’s decision, a nationwide injunction, would not be limited to Louisiana, but would reach across state lines and directly impact women throughout the United States, undermining access to care that is fully legal and protected under New York State law.
Mifepristone was approved by the Food and Drug Administration in 2000 after a rigorous, science-based review, and has been safely used for medication abortion for more than two decades. Today, medication abortion accounts for roughly 60 percent of all abortions. Yet, the State of Louisiana politicizes this established, evidence-based medication and puts women’s health at risk. Louisiana has taken the extreme step of classifying mifepristone as a “controlled substance,” placing it in the same category as some of the most dangerous drugs. This decision is grounded in ideology, not medical evidence.
Ongoing monitoring of patient data has revealed no new safety concerns and reinforces the medication’s strong track record. A recent study by Johns Hopkins, published in the Journal of the American Medical Association, reviewed more than 5,000 pages of documents from 15 years of FDA clinical reviews, which concluded that FDA oversight of mifepristone has historically been shaped by scientific evidence and safety considerations, with no evidence of ideological bias.
The legislators and advocates urged Governor Kathy Hochul to continue to lead on this issue, as she has since Roe was overturned, and sign the Mifepristone Access Act sponsored by Senator Michelle Hinchey and Assemblymember Amy Paulin (S.8544 /A.9217), which would allow patients and healthcare providers in New York to continue to access and use the mifepristone still available in the State, without fear of criminal prosecution under New York law, if federal approval or labeling requirements change, so long as the medication was accurately labeled at the time of production, and its use remains aligned with World Health Organization guidelines. Illinois and California enacted similar legislation, in the Fall of 2025.
The group also emphasized the urgent need to pass S.8656A (Mayer) /A.10428 (Reyes) in the Assembly. The legislation builds on previously enacted legislation to protect both patients and providers by allowing pharmacists and health care providers dispensing abortion medication to exclude identifying and sensitive information – a necessary step as the federal government and hostile states are moving towards greater attacks and criminalizing the actions of women across state lines. The legislation would allow pharmacists and health care providers dispensing abortion medication to exclude their name and address, the name and address of the patient, and the name and address of the pharmacy from the prescription label, offering additional privacy and safety for those providing and receiving care.
Senators Andrew Gounardes, Lea Webb, Patricia Fahy, and Erik Bottcher and Assemblymembers Steve Otis and Diana Moreno also attended.
Senator Shelley Mayer said, “I stand today with my colleagues and reproductive rights advocates to make one thing absolutely clear: Despite the increasingly aggressive and hostile actions taken by other states and the federal government, New York will not waiver. In New York, we are proud to protect not only patients seeking care, but also the physicians who act within what is protected under New York law – delivering safe, legal, and essential healthcare to New Yorkers and those in other states in need of essential health care. The Fifth Circuit’s decision attempts to impose the ideology of other states onto New Yorkers, undermining the very principle that, following the overturning of Roe, these decisions should be left to the states.
“I thank Senator Hinchey, Assemblymembers Reyes and Paulin, and all my colleagues for standing with me. I am grateful to Governor Kathy Hochul and Attorney General Letitia James for their leadership and I am confident that New York will continue to step up. Lastly, I thank the doctors who continue to provide healthcare despite the threats and attacks against them and the women they serve.”
Senator Michelle Hinchey said, “We owe it to the millions of women and healthcare providers waking up to the news of the Fifth Circuit’s decision — terrified of what lies ahead for them — to protect reproductive care. Our Mifepristone Access Act would guarantee that medication abortion won’t vanish due to shifting federal rules, and makes clear that prescribing or using it is not a crime. New York must stand as a beacon for the country, advocating for a future where reproductive healthcare is free from discrimination. I thank Senator Mayer and all my colleagues for their leadership. Most of all, I thank the healthcare providers whose courage reminds us that reproductive care is healthcare and should be protected for all who seek it and all who provide it in our state.”
“Mifepristone is safe, effective, and has been FDA-approved for over two decades,” said Assemblywoman Amy Paulin. “The Mifepristone Access Act would ensure that if federal protections change, as we have just seen happen twice in one week, New Yorkers could still have access to mifepristone without fear. As a safe harbor for reproductive freedom, New York State must protect access to medication abortion and the women and providers who depend on it.”
“If allowed to stand, the Fifth Circuit’s ruling would force patients to jump through medically unnecessary hoops to access a medication that has been proven to be safe and effective,” said New York Attorney General Letitia James. “In New York, we will continue to do everything in our power to defend our state laws, protect our providers, and ensure abortion care remains accessible. I urge the Supreme Court to follow the law and the science and block this dangerous ruling.”
Senator Pete Harckham said, “With access to reproductive healthcare under attack across the country, it is more important than ever that New York protects women’s access to abortion and those who provide it. Restricting access to medications like mifepristone is a deliberate attempt to erode women’s autonomy and weaken shield laws in New York and across the country. I am proud to stand with my colleagues in defending the fundamental right of individuals to make their own healthcare decisions, free from fear, interference, or persecution.”
Assemblyman Steve Otis said, “This court ruling highlights that those opposed to individual freedom know no bounds. The ability for a woman to make her own healthcare decisions must be protected. In New York we have placed these rights in our state constitution, and we will take whatever additional statutory steps are needed to protect the personal autonomy and freedom of all New Yorkers.”
“It is imperative that the Legislature and Governor promptly and firmly enact legislation which unequivocally provides that prescribing, dispensing, or receiving mifepristone or any drug used for medication abortion is absolutely legal in New York State. Those prescribing or using such medications simply cannot live in fear that their actions contravene the law,” said Assemblymember Chris Burdick.
