# Nebraska leads 23 states in bid to keep mifepristone restrictions  
**Published:** 2026-05-07T23:18:19.000Z  
**Source:** [Nebraska Attorney General](https://ago.nebraska.gov/nebraska-leads-23-state-coalition-asking-supreme-court-uphold-mifepristone-stay)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/nebraska-leads-23-states-in-bid-to-keep-mifepristone-restrictions

Nebraska Attorney General Michael Hilgers filed an amicus brief Thursday on behalf of 23 states asking the U.S. Supreme Court to maintain a lower court's hold on a federal regulation allowing abortion pill mifepristone to be prescribed via telemedicine and dispensed by mail, according to a statement from [the Nebraska Attorney General's office](https://ago.nebraska.gov/nebraska-leads-23-state-coalition-asking-supreme-court-uphold-mifepristone-stay).

The move comes as the Supreme Court weighs whether to overturn a Fifth Circuit Court of Appeals ruling that would restrict access to mifepristone nationwide. [The appeals court order sought to reinstate an in-person requirement for obtaining mifepristone](https://www.npr.org/2026/05/04/nx-s1-5810510/supreme-court-mifepristone-appeals-telehealth), effectively blocking telehealth access to the drug that accounts for a significant portion of abortions in the United States.

Hilgers said in the filing that [the 2022 Dobbs decision returned abortion regulation to the states](https://21.1-2022 Dobbs v. Jackson overturned Roe v. Wade). "The people of Nebraska have enacted regulations on chemical abortion drugs like Mifepristone," Hilgers said in a statement. "This rule allowed doctors in other jurisdictions to openly flout Nebraska law. We think the lower court correctly stayed the rule."

Nebraska's brief supports Louisiana, which is suing the Food and Drug Administration. [The FDA has admitted the 2023 regulation was procedurally flawed and is conducting a review](https://ago.nebraska.gov/nebraska-leads-23-state-coalition-asking-supreme-court-uphold-mifepristone-stay). If the Supreme Court upholds the lower court's stay, mifepristone would remain available only to Nebraska patients who comply with state regulations, which include in-person prescription and administration.

Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming joined Nebraska on the brief.

[Nebraska enacted a 12-week abortion ban in 2023](https://18.19) with exceptions for medical emergencies and pregnancies resulting from sexual assault or incest. The state's restrictions on mifepristone specifically require in-person prescription and administration by a physician.

## Sources

- [Nebraska Attorney General](https://ago.nebraska.gov/nebraska-leads-23-state-coalition-asking-supreme-court-uphold-mifepristone-stay)
- [NPR reporting on Supreme Court mifepristone case](https://www.npr.org/2026/05/04/nx-s1-5810510/supreme-court-mifepristone-appeals-telehealth)
- [Information on Nebraska's 12-week abortion ban](https://www.findlaw.com/state/nebraska-law/nebraska-abortion-laws.html)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Attorney General, enriched with 3 web searches. The original source is available at https://ago.nebraska.gov/nebraska-leads-23-state-coalition-asking-supreme-court-uphold-mifepristone-stay.