The Fifth Circuit Court of Appeals will hear arguments on September 9 in State of Louisiana v. Food and Drug Administration. The case challenges the FDA’s 2023 decision that removed the requirement that mifepristone, an abortion medication, be dispensed only after an in‑person visit.

State’s arguments

Louisiana is not disputing the FDA’s original 2000 approval of mifepristone. Instead, Attorney General Liz Murrill’s office contends the agency failed to adequately justify loosening the drug’s restrictions, making the state’s near‑total abortion ban harder to enforce.

At a February hearing in Lafayette, Louisiana Solicitor General Benjamin Aguinaga cited state‑tracked data indicating roughly a thousand abortions each month are performed in Louisiana using mail‑order pills. He described each instance as a violation of state law and an injury to the state.

Federal and judicial response

U.S. District Judge David Joseph noted that demand for the pills would likely persist even if Louisiana succeeded, comparing the effort to attempts to block other prohibited drugs from entering a state. He said restoring the in‑person requirement might reduce violations, but expressed doubt it would make a decisive difference.

The drug manufacturers, Danco Laboratories and GenBioPro, argue Louisiana lacks standing, asserting that any alleged injuries stem from independent choices by patients, physicians, and out‑of‑state providers rather than the FDA’s rule.

Procedural history

The Trump administration, rather than defending the 2023 policy on its merits, asked Judge Joseph to pause the litigation while the FDA conducts a new safety review. The judge stayed the case in April and denied Louisiana’s request for immediate relief, prompting an appeal.

On May 1, the Fifth Circuit temporarily suspended the 2023 dispensing rules, finding Louisiana likely to prevail. However, the Supreme Court froze that order on May 14 while the manufacturers’ appeal proceeds, with Justices Clarence Thomas and Samuel Alito dissenting. The Supreme Court did not address the merits of the challenge.

Current status

For now, the 2023 FDA rules remain in effect, allowing mifepristone to continue being prescribed remotely and mailed into Louisiana while the courts decide whether the agency lawfully opened that pathway.

Original reporting: KTBS 3 (Shreveport) — read the source article.