A federal judge has declined to immediately halt the federal policy allowing abortion medication mifepristone to be prescribed via telehealth and delivered by mail, while signaling that Louisiana’s legal challenge to the regulation is likely to succeed once regulatory review is completed.

U.S. District Judge David Joseph issued the ruling in a case brought by Louisiana Attorney General Liz Murrill, which argues that the U.S. Food and Drug Administration unlawfully relaxed restrictions on the drug by removing in-person dispensing requirements and permitting remote prescribing and distribution.

The court paused further litigation to allow the FDA to complete an ongoing review of mifepristone’s safety framework. Government attorneys described the process as a “good-faith, evidence-based and expeditious review,” which the judge said should proceed without immediate judicial interference. However, he instructed the agency to move with “all deliberate speed.”

While allowing the policy to remain in place for now, Joseph wrote that Louisiana had established legal standing and was “likely to succeed” on the merits of its claim. He also cited concerns raised in the administrative record, suggesting prior FDA rule changes may not have fully addressed safety considerations.

The challenged policy stems from 2021 FDA actions eliminating in-person dispensing requirements and a 2023 decision to make telehealth prescribing permanent. Those changes were part of a broader federal effort to expand access to medication abortion following the Supreme Court’s 2022 Dobbs decision.

Louisiana argues the federal rules conflict with state abortion restrictions and impose additional public costs, including Medicaid expenses tied to treating complications from medication abortions. The state also cited allegations in the record involving claims of coercion tied to online access to abortion pills.

Despite his findings, the judge emphasized that federal agencies are generally entitled to deference while reviewing their own regulations. He ordered the FDA to produce its administrative record within 60 days, file a status update within six months, and notify the court within 14 days of completing its review.

Louisiana officials said they plan to appeal, arguing the ruling confirms the state is already being harmed under the current policy. The case remains part of ongoing nationwide litigation over mifepristone, a drug used in the majority of medication abortions in the United States, and a key legal battleground following the Supreme Court’s 2022 decision overturning Roe v. Wade.