Mifepristone access legal battle reaches U.S. 5th Circuit Court

The U.S. 5th Circuit Court of Appeals heard arguments on September 9 in the case of Louisiana v. FDA, a legal battle that threatens nationwide access to mifepristone, a medication used in the majority of abortions in the United States.

The litigation challenges the Food and Drug Administration’s decision to permit the prescription of mifepristone via telehealth and its distribution through certified pharmacies, including delivery by mail. While the Supreme Court previously paused a 5th Circuit decision that briefly disrupted telehealth access, the legal dispute remains ongoing and is expected to eventually return to the highest court.

Advocates note that restricting access to telehealth and mail-order medication could disproportionately impact survivors of intimate partner violence (IPV). For individuals whose movements, finances, or medical decisions are controlled by an abuser, remote access to medication serves as a critical pathway to healthcare.