Federal appeals court to consider Louisiana’s arguments for banning telehealth abortion
The 5th Circuit Court of Appeals hears oral arguments Wednesday in Louisiana v. FDA, a case aimed at ending the Biden-era policy letting mifepristone be prescribed via telehealth without an in-person visit. About 91,000 abortions nationwide last year, including over 9,300 in Louisiana, involved pills mailed under that policy, according to the Guttmacher Institute.
The 5th Circuit already ruled once for Louisiana on a temporary basis, only for the Supreme Court to block it and let telehealth prescribing continue while the case proceeds. The Trump administration has asked courts to delay the litigation until it finishes a mifepristone safety review, due after the November midterms, even as newly confirmed Attorney General Todd Blanche has told faith leaders he'll prioritize restricting abortion pill access.
Alliance Defending Freedom, representing Louisiana, argues the state has standing this time after the Supreme Court threw out a similar suit in 2024 for lack of standing. Legal experts expect the conservative circuit to side with Louisiana and effectively draft the reasoning the Supreme Court may later adopt.
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