{"id":81,"date":"2026-05-20T14:38:50","date_gmt":"2026-05-20T14:38:50","guid":{"rendered":"https:\/\/movingandmortgagehub.com\/?p=81"},"modified":"2026-05-20T14:38:50","modified_gmt":"2026-05-20T14:38:50","slug":"a-right-wing-court-just-moved-to-choke-off-abortion-by-mail","status":"publish","type":"post","link":"https:\/\/movingandmortgagehub.com\/?p=81","title":{"rendered":"A Right-Wing Court Just Moved to Choke Off Abortion by Mail"},"content":{"rendered":"
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Update, May 2: Mifepristone manufacturer Danco Laboratories asked the US Supreme Court on Saturday to block the Fifth Circuit\u2019s ruling, saying it \u201cinjects immediate confusion and upheaval into highly time-sensitive medical decisions.\u201d A second company, GenBioPro, filed a similar appeal.<\/em><\/p>

Read more Chevron Seeks Huge Tax Break to Build a Power Plant for a Texas Data Center<\/a><\/p>\n

A federal appeals court <\/span>packed with conservatives has handed abortion opponents a major victory against the US Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone and shutting down telemedicine providers\u2014at least temporarily\u2014from prescribing the abortion pill across the US.<\/p>\n

In a 3-0 issued Friday afternoon, the Fifth Circuit Court of Appeals granted Louisiana\u2019s request for an injunction against FDA rule changes from 2023 that have allowed blue-state telehealth providers to send mifepristone to thousands of patients every month in states where abortion is banned. Abortion pills now account for almost two-thirds of abortions nationwide, and of abortions occur via telemedicine.<\/p>\n

The 2023 telemedicine rule \u201cinjures Louisiana by undermining its laws protecting unborn human life and also by causing it to spend Medicaid funds on emergency care for women harmed by mifepristone,\u201d US Circuit Judge Stuart Kyle Duncan wrote for the court. \u201cBoth injuries are irreparable.\u201d<\/p>\n

\u201cEvery abortion facilitated by FDA\u2019s action cancels Louisiana\u2019s ban on medical abortions,\u201d the Donald Trump appointee wrote, \u201cand undermines its policy that \u2018every unborn child is a human being from the moment of conception and is, therefore, a legal person.\u201d <\/p>\n

The injunction does not affect misoprostol, the second medication used with mifepristone under the FDA-approved protocol\u2014and a powerful abortion drug on its own. Nor does it stop in-person prescription and dispensing of abortion pills. Nonetheless, the greatest impact will likely be felt by women in the dozen or so states\u2014many in the South\u2014where lawmakers and attorneys general have sought to end abortion access completely.<\/p>\n

For women of color and immigrants, \u201cmedication abortion by mail is one of the few ways people can overcome systemic barriers to care,\u201d said Lupe Rodr\u00edguez, executive director of the\u00a0National Latina Institute for Reproductive Justice. \u201cTaking it away is deliberate and dangerous and puts politics over the health and well-being of our communities.\u201d<\/p>\n

\u201cThis isn\u2019t about science\u2014it\u2019s about making abortion as difficult, expensive, and unreachable as possible,\u201d said Nancy Northup, president and CEO of the Center for Reproductive Rights. \u201cTelehealth has transformed healthcare. Selectively stripping that away from abortion patients is a political blockade.\u201d<\/p>\n

Louisiana Attorney General Liz Murrill<\/span> filed her lawsuit last fall, arguing that the Biden administration\u2019s decision to drop the in-person dispensing rule was \u201carbitrary\u201d and \u201ccapricious,\u201d and that abortion pills are too risky to prescribe remotely, even though scores of studies around the globe have shown otherwise. She also claimed the rule change was \u201cavowedly political\u201d\u2014explicitly intended to get around the Supreme Court\u2019s 2022 Dobbs<\/em> decision overturning Roe v. Wade<\/em>\u2014and interfered with Louisiana\u2019s right to regulate abortion as it sees fit.<\/p>\n

In April, US District Judge David Joseph\u2014another Trump appointee\u2014pending the FDA\u2019s own review of mifepristone\u2019s safety, which has been underway since last fall. Even though the Trump administration has made clear its own concerns about the telemedicine rule, it has argued that rolling back the Biden rules while its study is ongoing amounts to \u201cjudicial intervention\u201d in the agency\u2019s long-established drug review process.<\/p>\n

But abortion opponents have seen that study as a delaying tactic by a White House worried about the impact that cutting off access to abortion pills might have on the GOP\u2019s already grim prospects in the midterm elections. Murrill quickly appealed to the Fifth Circuit, which encompasses Louisiana, Texas, and Mississippi\u2014one of the most conservative federal jurisdictions in the country.<\/p>\n

It is the same appeals court that ruled in a similar but separate lawsuit three years ago that the FDA exceeded its authority when it relaxed an assortment of restrictions on mifepristone during the Obama and Biden administrations, including the telemedicine rule. The Supreme Court eventually rejected that case, because the anti-abortion doctors who brought it didn\u2019t have standing to sue. But the SCOTUS ruling did not address the far bigger and thornier issue of whether the FDA\u2019s rule changes were legal.<\/p>\n

In Friday\u2019s order, the Fifth Circuit panel harkened back to that earlier case. \u201cOur court has previously concluded that [the] FDA\u2019s actions here were likely unlawful,\u201d Duncan wrote. The same reasoning, he said, \u201csquarely applies\u201d to the 2023 telemedicine rule change.<\/p>\n

\u201cVictory for Life!\u201d Murrill\u2019s office cheered on Facebook. \u201cThe Biden abortion cartel facilitated the deaths of thousands of Louisiana babies. . . Today, that nightmare is over.\u201d<\/p>\n

But abortion opponents are fooling themselves if they think medication abortion can be completely cut off by the Fifth Circuit or any other court, says Greer Donley, a law professor at the University of Pittsburgh. \u201cAbortion is too important,\u201d she says. \u201cPeople are going to find ways around the law because [the ability to access care is] so critical to someone\u2019s identity and autonomy and self-determination. There\u2019s no world in which this genie goes back in the bottle.\u201d<\/p>

Read more Who Is Eligible for Trump\u2019s Slush Fund Money? Blanche Won\u2019t Say.<\/a><\/p>\n

Meanwhile, abortion rights advocates have been making contingency plans. \u201cWe will do everything in our power to continue providing care to people in all 50 states,\u201d says Dr. Angel Foster, co-founder of the Massachusetts Medication Abortion Access Project, a telemedicine provider that sends pills to more than 3,000 patients a month. \u201cWe remain committed to ensuring that people can get the care they need, when they need it.\u201d<\/p>\n

Developed by French researchers<\/span> in the 1980s, mifepristone is one of two drugs that make up the standard abortion-pill protocol in the US. It works by blocking the production of progesterone, the main hormone needed to support a developing pregnancy. A second drug, misoprostol, then causes the uterus to contract, expelling the embryo. Misoprostol\u2014available over the counter in many countries to treat stomach ulcers\u2014has also been shown in numerous global studies to be a safe and effective abortifacient on its own.\u00a0\u00a0<\/p>\n

The anti-abortion movement fought hard to keep mifepristone out of the US, claiming it was\u2014and remains\u2014too dangerous. When the FDA finally gave its approval to the drug in 2000, it imposed a number of restrictions, including limiting mifepristone\u2019s use to early in the first trimester, requiring doctors to dispense the drug in person, and mandating multiple medical appointments. In 2011, mifepristone was consigned to a new program\u2014known as Risk Evaluation and Mitigation Strategy, or REMS\u2014normally reserved for the most dangerous drugs.<\/p>\n

But the Obama-era FDA, buoyed by still more studies confirming the drug\u2019s safety, began easing those restrictions in 2016, including allowing mifepristone to be used up to 10 weeks\u2019 gestation and slashing the recommended dosage by two-thirds. In 2021, at the height of the pandemic, the FDA suspended its in-person office-visit requirement, and in 2023, it made the telehealth change permanent.\u00a0The new FDA rules also made mifepristone more readily available in pharmacies.<\/p>\n

In the four years since Dobbs<\/em>, the revised rules have made it possible for large numbers of red-state patients\u2014some 15,000 per month, according to the most recent data from the #WeCount project\u2014to continue obtaining abortion pills despite draconian bans. Medication now accounts for more than 60 percent of abortions in the US, facilitated by shield laws\u2014statutes that protect abortion providers in blue states who care for patients living in places where abortion is illegal. <\/p>\n

The growing availability of mifepristone has enraged the anti-abortion movement, which was counting on Trump 2.0 to take quick action to stop the flow of pills. But so far, administration officials have resisted pressure to rescind the FDA\u2019s approval of mifepristone or revive the Comstock Act, a Victorian-era obscenity law, unenforced for decades, that prohibits the mailing of abortion drugs, supplies, and equipment.\u00a0<\/p>\n

So red-state attorneys general and other anti-abortion activists have escalated their own attacks in court. Murrill has been a leader in those efforts, trying to extradite abortion providers in New York and California to face criminal charges, without success, and threatening to sue those states over their shield laws. Louisiana has some of the toughest abortion restrictions in the country, yet telemedicine providers are mailing close to 1,000 packages of abortion pills to patients in the state every month.<\/p>\n

In its suit against the FDA, Murrill accused the Biden administration of forcing the state to bear the costs of Medicaid patients who suffer complications as a result of the pills\u2019 use.<\/p>\n

The Fifth Circuit panel cited those costs as one of the reasons Louisiana had standing to bring the case. \u201cLouisiana identifies $92,000 it paid in Medicaid costs from two women who needed emergency care in 2025 from complications caused by out-of-state mifepristone,\u201d Duncan wrote. \u201cSuch costs will almost certainly continue because nearly 1,000 women monthly\u2014many of whom are on Medicaid\u2014have mifepristone-induced abortions in Louisiana.\u201d<\/p>\n

The court rejected arguments by the drug\u2019s manufacturers, Danco Laboratories and GenBioPro, that an injunction now would be premature. \u201cWe conclude Louisiana has strongly shown a likelihood of winning\u201d its challenge to the 2023 rules, Duncan wrote.<\/p>\n

Murrill also claimed telemedicine makes it too easy for women to be tricked or coerced into having abortions they don\u2019t want. Joining her as a co-plaintiff in the case is a Louisiana day care employee named Rosalie Markezich, who alleged that her ex-boyfriend used her email address to order drugs from a California doctor, then forced her to take the medication against her will. Markezich is represented by the Alliance Defending Freedom, a religious-right legal powerhouse that has played a pivotal role in most of the significant anti-abortion and anti-LGBTQ policy and court battles of recent years.\u00a0ADF also represented the anti-abortion doctors who challenged the FDA\u2019s initial approval and regulation of mifepristone in the blockbuster case that went to the Supreme Court in 2024. <\/p>\n

At a hearing in February, the judge overseeing the Louisiana case told Murrill that he doubted an injunction on telehealth would stop the flow of abortion pills.\u00a0 \u201cThe war on drugs has been going on for 50 years,\u201d Joseph pointed out, \u201cand yet there was more cocaine produced last year than any other.\u201d\u00a0<\/p>\n

Donley, the law professor, agrees that activists and patients will find ways to get around medication restrictions and bans. \u201cYou shut off access to mifepristone, people will switch to misoprostol-only abortions,\u201d she says. \u201cEven if you were to shut down shield providers in this country, people would just switch to international providers and start shipping from other countries.\u201d<\/p>\n

Meanwhile, the Fifth Circuit ruling suddenly makes abortion a huge issue in the midterm elections\u2014something Donald Trump has been hoping to avoid, says abortion historian Mary Ziegler, a law professor at the University of California, Davis. Telemedicine \u201chas been why people in abortion-ban states have been able to get access to abortion,\u201d she says. \u201cIt\u2019s been the centerpiece of absolutely everything.\u201d Voters who have been showing signs of complacency over the abortion issue, thanks in large part to telemedicine, won\u2019t be complacent any longer, she says. \u201cIt\u2019s going to be a major political pressure point.\u201d<\/p>

Read more Supreme Court Reinstates Access to Abortion Pills\u2014For Now<\/a><\/p>\n

This story has been updated.<\/em><\/p>\n<\/article>","protected":false},"excerpt":{"rendered":"

A sweeping decision threatens to unravel one of the most important pathways to care post-Dobbs.<\/p>\n","protected":false},"author":1,"featured_media":79,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-81","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-gender"],"yoast_head":"\nA Right-Wing Court Just Moved to Choke Off Abortion by Mail - Moving and Mortgage Hub<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/movingandmortgagehub.com\/?p=81\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"A Right-Wing Court Just Moved to Choke Off Abortion by Mail - Moving and Mortgage Hub\" \/>\n<meta property=\"og:description\" content=\"A sweeping decision threatens to unravel one of the most important pathways to care post-Dobbs.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/movingandmortgagehub.com\/?p=81\" \/>\n<meta property=\"og:site_name\" content=\"Moving and Mortgage Hub\" \/>\n<meta property=\"article:published_time\" content=\"2026-05-20T14:38:50+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/movingandmortgagehub.com\/wp-content\/uploads\/2026\/05\/85f5078fb388009f883110bd385d32d4.webp\" \/>\n\t<meta property=\"og:image:width\" content=\"1200\" \/>\n\t<meta property=\"og:image:height\" content=\"630\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/webp\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/#\\\/schema\\\/person\\\/6b7c79bcfd888d98f34c5413df7e81a2\"},\"headline\":\"A Right-Wing Court Just Moved to Choke Off Abortion by Mail\",\"datePublished\":\"2026-05-20T14:38:50+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81\"},\"wordCount\":1892,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/movingandmortgagehub.com\\\/wp-content\\\/uploads\\\/2026\\\/05\\\/85f5078fb388009f883110bd385d32d4.webp\",\"articleSection\":[\"Gender\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81\",\"url\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=81\",\"name\":\"A Right-Wing Court Just Moved to Choke Off Abortion by Mail - 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