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Louisiana Joins Texas, Florida in New Court Moves Targeting FDA Abortion Pill Rules

The coordinated filings test FDA authority over medication abortion under a revived Comstock Act theory.

Overview

  • Louisiana Attorney General Liz Murrill filed a motion seeking to stay the FDA policy that permits telehealth prescribing and mail distribution of mifepristone, asking the court to reinstate in‑person dispensing requirements.
  • Texas and Florida filed a Dec. 9 lawsuit in federal court in Wichita Falls challenging the FDA’s original 2000 approval of mifepristone and subsequent actions that expanded access, including mail delivery.
  • The states argue the 1873 Comstock Act bars mailing abortion medication, contrasting with the Biden administration’s view that the statute applies only to unlawful abortions.
  • The FDA declined to comment on the litigation, while abortion-rights groups warn that curbing mifepristone would sharply reduce access nationwide, even where abortion remains legal.
  • Mifepristone, typically used with misoprostol, is the most common method of abortion in the United States, and studies have found it to be safe and effective.