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Reason

May 1, 2026

5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval
Reasonby Josh Blackman·May 1, 2026

5th Circuit Panel Blocks 2023 Mifepristone Telemedicine Approval

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It has been a very busy 48 hours for Louisiana. On Wednesday, the Supreme Court decided Callais. The following day, the Governor announced he would suspend the upcoming primary elections to allow the legislature to redistrict. There is also litigation before the Supreme Court about the issuance of the judgment in Callais. Earlier today, the Governor was sued to enjoin the cancellation of the election. And just a few moments ago, the Fifth Circuit panel granted a stay in Louisiana's challenge to the mifepristone telemedicine approval from 2023. What, you thought the case was over after Alliance for Hippocratic Medicine? You have not been following the Fifth Circuit closely enough. For now, I will just paste the introduction of Judge Kyle Duncan's panel opinion. In Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), the Supreme Court returned the regulation of abortion to the states. In response, the Biden Administration directed federal agencies to "expand access to . . . medication abortion." Exec. Order No. 14076, 87 Fed. Reg. 42053 (July 8, 2022). The next year, the Food and Drug Administration (FDA) formally altered its safety guidelines for the abortion drug mifepristone. Under the new regulation, the drug could

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