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Appeals Court Blocks Mailed Abortion Pills, Reinstates In-Person Pickup Nationwide

The decision sets up an urgent test of FDA authority over abortion pills.

Overview

  • The 5th Circuit, in a unanimous ruling Friday, froze the FDA’s 2023 policy that let doctors prescribe mifepristone by telehealth and send it by mail.
  • The order restores an in-person dispensing rule in every state and pauses pharmacy and mail delivery while the lawsuit continues.
  • The judges said Louisiana is likely to win under the Administrative Procedure Act and pointed to state sovereign harms and extra Medicaid costs tied to complications.
  • The panel refused to wait for the FDA’s ongoing review, noting the agency offered no timeline and had relaxed adverse-event reporting before citing thin data to expand access.
  • Medication abortions now account for most U.S. abortions and many are obtained via telehealth, so patients face new travel, cost, and delay as an emergency Supreme Court appeal is expected.