The court’s decision applies nationwide and restores the previous FDA policy, which requires the pill to be distributed only through in-person clinics.
A three-judge panel on the 5th Circuit Court of Appeals unanimously ruled in favor of a Louisiana challenge to the Biden-era policy, finding that it violated the state’s sovereignty.
“The regulation creates an effective way for an out-of-state prescriber to place the drug in the hands of Louisianans in defiance of Louisiana law,” the judges wrote. They found that the policy undermined state laws aimed at "protecting unborn human life" and has caused "irreparable harm."
The court’s decision applies nationwide and restores the previous FDA policy, which requires the pill to be distributed only through in-person clinics.
The Trump administration had argued that Louisiana lacked standing in the case and asked the court to pause proceedings while the FDA conducts a review of the drug. In April, a Louisiana district court granted the administration’s request to delay the case but ordered the FDA to quickly complete a safety review of mifepristone and provide the court with a report by October.
Louisiana appealed the ruling, arguing residents needed immediate relief from the increase in abortion pills being prescribed online by doctors in other states and sent into Louisiana.
Louisiana is one of several states seeking to challenge telehealth abortion access as states with abortion bans push back against expanded access to the drug. Idaho, Kansas, and Missouri have pursued similar efforts, while Texas and Florida have sought to ban Mifepristone altogether.
According to Politico, the Trump administration has continued to argue that states bringing these lawsuits lack standing and that the FDA should be allowed to complete its review process. However, Republican lawmakers have said they do not believe the agency is reviewing mifepristone in good faith.
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