MAY 2, 2026
Federal appeals court blocks mail distribution of mifepristone, setting up likely Supreme Court review
The 5th U.S. Circuit Court of Appeals issued a unanimous ruling Friday blocking the mailing of mifepristone prescriptions, restoring an in-person dispensing requirement that had been relaxed during the COVID-19 pandemic. The ruling, written by Trump-appointed Judge Kyle Duncan, stems from a lawsuit filed by Louisiana Attorney General Liz Murrill against the FDA and has nationwide effect. Mifepristone manufacturer Danco Laboratories has asked the court to pause the order for seven days to allow time to appeal to the U.S. Supreme Court.
The 5th U.S. Circuit Court of Appeals on Friday blocked mail distribution of mifepristone, one of two drugs commonly used in medication abortions, overruling regulations finalized under President Joe Biden in 2023 that had ended a longstanding in-person dispensing requirement. The three-judge panel — composed of Judges Kyle Duncan, Leslie Southwick, and Kurt Engelhardt, appointed by Presidents Trump, George W. Bush, and Trump, respectively — acknowledged the ruling would "as a practical matter, have a nationwide effect," including in states where abortion remains legal.
The ruling arose from a lawsuit filed by Louisiana, which alleged that federal regulations allowing mail-order mifepristone created "an effective way for an out-of-state prescriber to place the drug in the hands of Louisianans in defiance of Louisiana law." The court sided with Louisiana's argument that each abortion facilitated by FDA rules "cancels Louisiana's ban" and undermines the state's policy that "every unborn child is a human being from the moment of conception." The court also criticized the FDA for having "previously eliminated the requirement to report mifepristone's adverse events," calling it unreasonable to remove reporting requirements and then rely on a resulting lack of data to justify expanded access.
CNN led its coverage with the ruling's impact on abortion access, noting that medication abortion now accounts for roughly two-thirds of all abortions in the U.S. and that more than one in four abortions nationally were provided via telehealth in the first half of 2025, according to #WeCount data. Fox News led with the court's reasoning on state sovereignty and patient safety protocols, quoting pro-life advocates who praised the decision as a long-awaited win. The Associated Press framed the ruling as the most significant jolt to abortion policy since the overturning of Roe v. Wade and noted it was the first time a federal court had overruled FDA scientific regulations of this kind.