Can states heavily restrict access to mifepristone, the most common drug used in medication abortions, by challenging the Food and Drug Administration’s (“FDA”) scientific determinations about mifepristone’s safety? In Louisiana v. Food and Drug Administration, the Fifth Circuit is considering whether Louisiana and several other states have standing to sue the FDA to challenge its existing requirements that allow mifepristone to be mailed to patients from telehealth providers and certified pharmacies. After the district court paused the case pending a review of mifepristone by FDA, Louisiana appealed and won a ruling in the Fifth Circuit, effectively blocking the ability to get mifepristone by telemedicine and mail. The Supreme Court granted a stay sought by the manufacturers of mifepristone, allowing the medication to be provided by telehealth and mail to patients while litigation is ongoing.
Women Lawyers on Guard Inc. joined an amicus brief signed by over 150 organizations challenging the rationale behind Louisiana’s attempts to restrict access to mifepristone. The brief first argues that decades of research shows that mifepristone is safe and effective, even when it is not dispensed in person. Second, the brief argues that imposing medically unnecessary restrictions on mifepristone, such as the in-person dispensing requirements, not only unduly burdens women’s rights by forcing them to travel to distant healthcare facilities but also poses substantial risks for women’s health. As a result, women of color, low-income communities, and rural areas will be disproportionately affected.
As of July 2026, the litigation remains pending before the Fifth Circuit. The outcome of this case will carry profound implications for women’s health and access to medication abortions nationwide.
To read the amicus brief, please click here. For more information on Alliance for Hippocratic Medicine v. Food and Drug Administration, please click here.
