5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval
A Fifth Circuit panel has blocked the 2023 FDA approval allowing mifepristone to be prescribed via telemedicine, granting Louisiana's request for a stay pending litigation. The ruling requires in-person medical evaluations before prescribing the drug but does not remove mifepristone from the market. The case is expected to reach the Supreme Court quickly, with significant implications for cross-state medication abortion access.
- ▪The Fifth Circuit granted a stay in Louisiana's challenge to the FDA's 2023 telemedicine approval of mifepristone.
- ▪Louisiana argued the FDA's decision was based on flawed or nonexistent data and led to illegal abortions and Medicaid costs in the state.
- ▪The FDA admitted it had not adequately studied the safety of remote prescribing but opposed a stay, citing an ongoing review of mifepristone protocols.
- ▪The district court found Louisiana likely to succeed and suffering harm but declined to issue a stay based on equity and public interest considerations.
- ▪The ruling reinstates an in-person requirement for mifepristone prescriptions, limiting out-of-state telemedicine providers from mailing the drug to states like Louisiana and Texas.
Opening excerpt (first ~120 words) tap to expand
5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval This case will go to the Supreme Court very quickly. Josh Blackman | 5.1.2026 5:00 PM It has been a very busy 48 hours for Louisiana. On Wednesday, the Supreme Court decided Callais. The following day, the Governor announced he would suspend the upcoming primary elections to allow the legislature to redistrict. There is also litigation before the Supreme Court about the issuance of the judgment in Callais. Earlier today, the Governor was sued to enjoin the cancellation of the election. And just a few moments ago, the Fifth Circuit panel granted a stay in Louisiana's challenge to the mifepristone telemedicine approval from 2023.
…
Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason.com.
Discussion
0 commentsMore from Reason.com
