A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit on Wednesday sharply questioned lawyers in Louisiana's lawsuit against the Food and Drug Administration over 2023 rules that permit mifepristone to be prescribed via telemedicine and dispensed by mail.
The hearing focused heavily on whether Louisiana has legal standing to bring the case. Judges asked whether the state could prove that roughly 1,000 abortions per month in Louisiana result directly from the federal changes rather than other factors. Louisiana Solicitor General Ben Aguinaga argued the rules undermine the state's post-Dobbs abortion ban and impose costs on Medicaid.
Judges Stephen Higginson and Dana Douglas, among others on the panel, expressed skepticism about tracing the abortions to the FDA's removal of the in-person dispensing requirement. The FDA's attorney maintained that the agency continues to review the drug's safety data.
Louisiana sued the FDA in 2025, claiming the regulations rely on inadequate evidence of safety and facilitate violations of state law. Earlier this year, the Fifth Circuit temporarily reinstated in-person requirements before the Supreme Court stayed that order pending further proceedings.
No ruling was issued after Wednesday's arguments. The case remains one of several challenges by Republican-led states seeking to limit access to medication abortion nationwide.
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