Court Orders FDA To Restore In-Person Dispensing Rule
The U.S. Court of Appeals for the 5th Circuit has temporarily blocked the FDA’s Biden-era mail-order abortion drug policy, ordering the agency to restore in-person dispensing requirements for mifepristone while Louisiana’s legal challenge proceeds.
The ruling in State of Louisiana v. U.S. Food and Drug Administration is a major win for Louisiana Attorney General Liz Murrill and Alliance Defending Freedom (ADF), who argue the FDA unlawfully removed safeguards that allowed abortion drugs to be mailed into pro-life states.
The case also includes Louisiana resident Rosalie Markezich, who says she was coerced into taking abortion drugs obtained online by her former boyfriend from a California doctor.
The court found Louisiana had standing to challenge the FDA’s 2023 decision and described the policy as a “textbook example of arbitrary and capricious agency action.”
ADF attorney Erin Hawley said the decision helps protect women and unborn children while the appeal moves forward. Murrill called it a significant victory for Louisiana’s efforts to uphold state abortion protections.
“The Biden FDA’s unlawful authorization of mail-order abortion drugs was meant to nullify state laws that protect life,” Hawley said, adding that the ruling helps restore protections for women and unborn children while the appeal is considered.
The case follows the Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling, which returned abortion regulation to the states.
According to data cited in the lawsuit from the Society of Family Planning’s #WeCount report, nearly 1,000 mail-order abortion drug shipments reportedly enter Louisiana each month.
