Federal court to hear arguments on abortion pill access

Federal court to hear arguments on abortion pill access

A three-judge panel on the 5th U.S. Circuit Court of Appeals in New Orleans will hear arguments Wednesday in a case that could eventually restrict the nationwide distribution of the abortion drug mifepristone .

The state of Louisiana is targeting Biden-era changes made in response to the COVID-19 pandemic that loosened regulations allowing mifepristone to be prescribed through telehealth, in pharmacies and through the mail without an in-person visit to a provider.

Medication has become the most common method of abortion since Roe v. Wade was overturned in Dobbs v. Jackson Women’s Health Organization, with much of that increase coming from telehealth prescriptions.

According to the Guttmacher Institute, a think tank that supports abortion access, about 91,000 abortions were provided last year via telehealth prescription of abortion medication sent by mail to states with bans — including more than 9,300 in Louisiana.

The Louisiana case has put the Trump administration in an awkward political bind : It won’t defend moves made by the Biden administration, but Attorney General Todd Blanche has not yet settled the lawsuit, much to the disappointment of conservatives who have been pressuring him.

Instead, the administration has been urging judges to pause lawsuits while the Food and Drug Administration conducts a safety review of mifepristone.

The backstory: Louisiana is arguing that the FDA’s permissive rules undercut its near-total abortion ban and were a violation of the state’s sovereignty. A district judge said the state had a strong case, but sided with the Trump administration and paused the suit.

Louisiana appealed, and the 5th Circuit in May ruled in favor of the state, temporarily blocking telehealth prescriptions of mifepristone nationwide. But after an appeal, the Supreme Court paused the ruling and sent the case back.

Ahead of oral arguments, legal experts and abortion rights advocates anticipated the 5th Circuit—considered one of the most conservative appeals courts in the country— would rule for Louisiana again. But the panel hearing the case is comprised of two judges appointed by Democratic presidents, so there’s a possibility of a different outcome.

What’s next: No matter what, or when the 5th Circuit rules, there won’t be any changes to mifepristone prescribing; the Supreme Court will have the final say in the case.

The high court’s stay remains in effect throughout the appeals court proceedings, as well as through the Supreme Court’s disposition of a future petition, if any party to the case seeks one.

The Louisiana case is one of three federal lawsuits that could affect telehealth access to mifepristone nationwide. The others are being considered in Missouri and Texas .

The Texas case, which seeks to roll back mifepristone’s approval completely, was paused by a federal judge on Aug. 31. The Missouri case is still being briefed.

Welcome to The Hill’s Healthcare newsletter , we’re Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health.

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How policy will be impacting the healthcare sector this week and beyond:

(NewsNation) — A skin fungus that causes ringworm and does not respond to standard treatment is spreading to more countries each year, according to a new study from the Centers for Disease Control and Prevention (CDC). Ringworm is a common fungal infection that causes an itchy, scaly, circular rash on the skin. The fungi that cause ringworm can also lead to infections such as athlete’s foot. It spreads through skin-to-skin …

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Democrats and reproductive rights groups are zeroing in on Sen. Susan Collins’s (R-Maine) vote to confirm Justice Brett Kavanaugh as a pillar of their campaign to oust her, arguing she paved the way for the Supreme Court’s decision to overturn Roe v. Wade. On Friday, Maine Democratic Senate nominee Troy Jackson released an ad blasting Collins for voting to confirm Kavanaugh and Neil Gorsuch, who also voted to overturn …

Trump administration ends $45M support for Namibia HIV program

The Trump administration announced it will be ending its financial support for Namibia’s HIV response program, following a little more than two decades of annual payments — totaling more than $1.1 billion. The U.S. will provide its final $45 million payment in fiscal 2027 as “this support will transition into a technical cooperation model,” the U.S. Embassy in Namibia and Namibia’s Ministry of International Relations …

Local and state headlines on healthcare:

Montana employees see large increase to health care costs ( NonStop Local Montana )

‘It’s triage’: California’s next governor will face destabilizing surge in uninsured ( KFF Health News )

NC’s Healthy Opportunities Pilot is coming back — but not at full strength ( North Carolina Health News )

Health news we’ve flagged from other outlets:

UnitedHealth executives shower high-ranking Democrat with donations ahead of midterms ( Stat )

Screwworm cases are going down. Experts are suspicious. ( NOTUS )

Acting FDA drug, vaccine leaders tapped for permanent roles ( Bloomberg )

Opinions related to health submitted to The Hill:

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