Appeals court hears mifepristone access challenge

A federal appeals court heard arguments on September 9 regarding a challenge to the Food and Drug Administration's rules that permit mifepristone, a key drug used in medication abortions, to be prescribed via telehealth and dispensed by mail. The case, brought by Louisiana, centers on whether the FDA adequately considered safety risks and whether its regulations undermine state abortion bans. During the hearing before the New Orleans-based 5th U.S. Circuit Court of Appeals, judges expressed skepticism about Louisiana's legal standing to bring the case. Several judges questioned whether the state could demonstrate that the FDA's rules, rather than independent actors or state "shield laws" that protect out-of-state prescribers, were the direct cause of abortions occurring within Louisiana. Federal lawyers and drug manufacturers also argued that Louisiana had not shown sufficient concrete injury to justify its lawsuit. Medication abortion, typically involving mifepristone and misoprostol, now accounts for a significant majority of abortions performed in the United States.