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Louisiana’s Challenge to FDA’s Mifepristone Mail-Order Rule Heard in Federal Court

The Justice Department is urging the court to pause the case during the FDA’s renewed safety review of mifepristone.

Overview

  • The U.S. District Court for the Western District of Louisiana held oral arguments on Feb. 24 in a suit targeting the FDA’s 2023 decision that permits telehealth prescribing and certified pharmacy dispensing of mifepristone.
  • Louisiana and plaintiff Rosalie Markezich seek a preliminary injunction to restore an in‑person visit requirement, citing allegations that pills ordered from out of state enabled coerced use.
  • Department of Justice filings argue the plaintiffs lack standing and ask the court to halt proceedings pending the FDA’s reopened evaluation of the drug’s safety.
  • Mifepristone manufacturers GenBioPro and Danco have intervened to defend the current rule and moved to dismiss the case, while anti-abortion groups, GOP attorneys general, and members of Congress filed briefs supporting Louisiana.
  • A ruling could influence nationwide access to telehealth abortion, which researchers report comprised nearly 30% of abortions in early 2025 and often involves mail delivery under state shield laws.