5th Circuit Bars Mail Delivery of Mifepristone
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- 5th Circuit unanimously blocked the FDA’s rule allowing mifepristone to be mailed, requiring in‑person distribution at clinics.
- Louisiana argued that mailed pills nullify its total‑abortion ban, and the court agreed, reinforcing the state’s policy that life begins at conception.
- Kyle Duncan authored the opinion, marking a rare judicial rebuke of a federal agency’s scientific regulation.
- FDA had previously lifted in‑person restrictions during COVID‑19, but the court noted the agency’s ongoing safety review and lack of a completion date.
- Mifepristone accounts for most U.S. abortions, with about 25% of procedures previously obtained via telehealth, now barred by the ruling.
Why it matters: Women seeking abortions lose the convenience of telehealth, which served roughly 25% of U.S. procedures, while Louisiana’s ban gains enforcement and the FDA’s regulatory authority is curbed, prompting further legal fights over drug approvals.
