<p>On September 10, 2026, the U.S. Department of Justice (DOJ) opposed Louisiana's efforts to restrict the mailing of abortion drugs, specifically mifepristone, during a hearing at the 5th U.S. Circuit Court of Appeals in New Orleans. The DOJ did not defend the safety analysis behind the Biden administration's rules regarding mail-order abortion drugs, which led to questions from the judges about the government's position.</p>
<p>The case is supported by the Alliance Defending Freedom, which represents Louisiana and seeks to restore in-person requirements for mifepristone dispensing. DOJ lawyer Daniel Winik stated, "We are not taking a position on the merits," reflecting Attorney General Todd Blanche's earlier assurances that the administration would not defend the Biden administration's approval of the mail-order policies.</p>
<p>Winik indicated that the FDA is currently conducting a review of the drug's safety but did not provide further details. Louisiana argues that the mail-order rules undermine its near-total abortion ban and result in taxpayers covering emergency care for complications. The state is one of 23 Republican-led states involved in similar legal challenges.</p>
<p>Winik contended that Louisiana's claims of injury were too indirect to establish standing, while also noting that the Supreme Court's intervention in May had prevented the appeals court from granting the requested relief. The Supreme Court had paused a 5th Circuit order that reinstated in-person dispensing requirements for mifepristone.</p>
<p>Judge Stephen Higginson expressed frustration over the DOJ's refusal to clarify whether Louisiana needed to petition the FDA before filing suit. The judges also questioned the scientific basis for Louisiana's claims regarding the FDA's safety data and the risks accepted by the agency when approving other drugs.</p>
<p>Advocates for immediate action expressed dissatisfaction with the DOJ's approach. Gabriella McIntyre from ADF argued that the administration could resolve the dispute without waiting for further studies. The judges also inquired whether federal rules were responsible for the harms described by Louisiana, rather than decisions made by patients and prescribers.</p>
<p>Lawyers representing drug manufacturers Danco Laboratories and GenBioPro defended the evidence supporting mail dispensing. A Senate Republican investigation previously found that these companies could not adequately explain compliance with FDA safeguards. Danco reported annual revenue of $16 million, while GenBioPro indicated that approximately 95% of its revenue came from abortion drugs.</p>
<p>Christina Francis, an OB-GYN with the Association of Pro-Life Obstetricians and Gynecologists, called on the FDA to restore safety measures for mifepristone, stating that the removal of these safeguards has left patients vulnerable to health risks.</p>
<p>The court's decision timeline remains unclear, but the FDA is expected to update the district court on its review of mifepristone by October 7, 2026.</p>