The U.S. 5th Circuit Court of Appeals yesterday heard oral arguments in State of Louisiana v. FDA, (5th Cir., argued 9/9/2026) (audio of full oral arguments). In the case, Louisiana challenged the FDA's 2023 ruling that removed the requirement that the abortion drug mifepristone be prescribed only after an in-person visit with a doctor. Initial skirmishing that went up to the Supreme Court focused on whether a court would freeze the FDA's 2023 ruling while litigation went forward. The 5th Circuit had barred telehealth prescribing and mail order delivery of the abortion drug mifepristone while it considered the case. The Supreme Court granted a stay of the 5th Circuit's order. In yesterday's argument, Louisiana again asked the 5th Circuit to issue an order under 5 USC §705(a) that would suspend while appeals move forward the FDA's removal of the requirement for in-person dispensing of the abortion drug.
Courthouse News Service reports on the arguments.
