SUBSCRIBE TO OUR FREE NEWSLETTER

SUBSCRIBE TO OUR FREE NEWSLETTER

Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.

* indicates required
5
#000000
#FFFFFF
The Progressive

NewsWire

A project of Common Dreams

For Immediate Release

Federal Appeals Court Hears Baseless Challenge to the Abortion Pill Mifepristone — Again

The lawsuit seeks nationwide restrictions on a common medication for abortion and miscarriage care.

NEW ORLEANS

A federal appeals court today will again hear a lawsuit designed to restrict abortion access nationwide by banning mail and pharmacy dispensing of mifepristone, a safe and effective medication used in two-thirds of U.S. abortions as well as for miscarriage care. The hearing before the U.S. Court of Appeals for the Fifth Circuit in Louisiana v. U.S. Food and Drug Administration is the latest step in a legal battle in which anti-abortion politicians are seeking to make abortion harder for patients to access, even in states where abortion is protected. Today, nearly 30 percent of people who have abortions in the U.S. access care through telemedicine and pharmacy dispensing.

“Abortion opponents will stop at nothing to try to end medication abortion in every state,” said Julia Kaye, senior staff attorney with the ACLU’s Reproductive Freedom Project. “Preventing people from getting their mifepristone prescription by mail and at pharmacies is just the start. But we’re not standing by as the courts and the Trump administration weigh whether to reduce access based on tired anti-abortion lies. The ACLU will use every tool we have to protect access to this safe and effective medication for people across the country.”

In May, the Fifth Circuit ruled for Louisiana, resulting in a brief disruption of telehealth access to mifepristone before the U.S. Supreme Court temporarily paused the appeals court’s decision while the litigation continues. The case is widely expected to return to the Supreme Court. Any decision from the Fifth Circuit to limit telehealth access will be on hold until then.

Legal challenges are not the only threat to patients’ ability to access mifepristone. Despite use by millions of patients, hundreds of studies, and decades of evidence proving mifepristone’s safety, including when prescribed through telemedicine, the Trump administration, after intense lobbying from abortion opponents and their allies in Congress, is conducting yet another review of mifepristone as a pretext for imposing extreme and medically unjustified restrictions on access to the medication. The administration announced the review citing one self-published report that grossly distorts mifepristone’s safety record. This report has since been widely debunked, including by more than 250 experts.

Regardless of whether restrictions on mifepristone come from the courts or from the Trump administration, ending telehealth and pharmacy access will devastate patients’ ability to get this essential medication. Without telemedicine and pharmacy access, patients using mifepristone would be forced to travel, sometimes hundreds of miles, to a health center just to pick up a pill, a requirement that leading medical authorities agree has no safety benefit.

Both the public and experts agree: the federal government should not further restrict mifepristone. A July 2026 survey found that two-thirds of U.S. adults oppose nationwide restrictions on mifepristone and medication abortion. And a wide range of experts — from emergency medicine physicians to experts in intimate partner violence to drug developers — submitted amicus briefs in the Supreme Court and in the court of appeals opposing this nationwide restriction as medically unjustified and harmful to people seeking care.

The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.

(212) 549-2666