Louisiana challenges FDA abortion pill mail-order rules in appeals court

The U.S. Fifth Circuit Court of Appeals held oral arguments regarding a lawsuit filed by Louisiana to force the U.S. Food and Drug Administration (FDA) to reinstate in-person dispensing requirements for the abortion drug mifepristone.

Louisiana argues that the Biden-era rule change, which allows the medication to be prescribed via telehealth and delivered by mail, undermines the state’s near-total abortion ban and bypasses adequate safety reviews. State Solicitor General Benjamin Aguiñaga contended that the interstate mail-order system enables the circumvention of state laws.

The Trump administration has urged the court to deny relief, arguing that Louisiana lacks legal standing. The administration also noted that the FDA is currently conducting a safety review of the drug, a process promised by U.S. Health & Human Services Secretary Robert F. Kennedy Jr., which could eventually lead to the restoration of in-person requirements without judicial intervention.

While a previous temporary block on the mail-order rule was lifted by the Supreme Court in May, the litigation continues. A ruling in favor of Louisiana could significantly impact access to medication abortions, which currently constitute the majority of abortions in the United States.