A federal judge allowed the abortion pill mifepristone to continue being distributed by mail nationwide for now, but warned the Biden-era policy could soon face major legal changes as a Food and Drug Administration (FDA) safety review of the drug unfolds.
The legal challenge to the U.S. Food and Drug Administration’s January 2023 Risk Evaluation and Mitigation Strategy (REMS) seeks to end the “certified pharmacies” regulation that allows for the drug to be mailed across state lines while the federal agency continues its review.
U.S. District Court Judge David C. Joseph, appointed by President Donald Trump, ruled against Louisiana Attorney General Liz Murrill on Tuesday, citing what he referred to as a “government by lawsuit.”
“…It is the completion of FDA’s promised good faith, evidence-based, and expeditious review of the mifepristone REMS, not “government by lawsuit,” that this Court finds to be in the public interest,” Joseph wrote in his ruling.
PLANNED PARENTHOOD ATTACKS HAWLEY EFFORT TO STRIP FDA APPROVAL OF MIFEPRISTONE
Joseph also cited a letter from both Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. and FDA Commissioner Marty Makary asking their respective agencies to “conduct a comprehensive safety review” of the 2023 mifepristone REMS.
Murrill told Fox News Digital she plans on taking Joseph’s ruling to the Fifth Circuit despite the ongoing mifepristone REMS review from both agencies.
“Judge Joseph concluded that Louisiana has standing to sue and is likely to succeed in showing that the 2023 REMS is unlawful,” Murrill said to Fox News Digital in a statement.
“He also concluded that Louisiana suffers irreparable harm every day that the 2023 REMS remains in effect,” she added. “Accordingly, under binding Fifth Circuit precedent, the only thing left to do is vacate the 2023 REMS pending the outcome of this litigation. We will ask the Fifth Circuit to do so.”
The ruling sets up a high-stakes legal fight over abortion pills, with a federal appeals court showdown looming and the FDA under pressure to justify rules that dramatically expanded access in recent years.
In the past year, many red states nationwide have taken the 2023 REMS mail-order regulation to the courts.
In one notable incident last year, a Texas man who fathered an unborn child sued a California doctor who prescribed his ex-girlfriend mifepristone through the organization “Aid Access.” His case, Rodriguez v. Coeytaux, is still ongoing.
HAWLEY INTRODUCES BILL TO STRIP FDA APPROVAL FROM ‘INHERENTLY DANGEROUS’ ABORTION PILL
In the State of Louisiana v. U.S. Food and Drug Administration, Murrill seeks a full rollback of the REMS policy regardless of the findings of the review.
Joseph denied injunction without prejudice in the suit that Louisiana brought to the court, but also granted stay of the case. His ruling orders the FDA to complete their safety review, which had been postponed through the November midterm elections, and to report back in six months.
“Should the agency fail to complete its review and make any necessary revisions to the REMS within a reasonable timeframe, the Court’s analysis – and the weight accorded to these factors – will inevitably change,” Joseph wrote in his ruling.
Joseph did point to Louisiana’s standing in the suit, claiming the state is suffering “ongoing harm” after the Dobbs decision in 2022 allowed the state to ban abortion.
“Thus, in that post-Dobbs regulatory environment, there is evidence that the 2023 REMS was approved without adequate consideration, at least in part, as part of an effort to circumvent anti-abortion states’ ability to regulate abortion,” Joseph wrote. “Likewise, there is evidence that the consequences of this action were predictable – out-of-state providers and related entities would expand access to mifepristone in ways designed to reach into jurisdictions like Louisiana.”
PRO-LIFE ORGANIZATION CALLS ON HHS AND FDA TO SUSPEND ABORTION PILL APPROVAL, TIGHTEN SAFETY RULES
However, Joseph pointed to the FDA as the ultimate decision maker on the issue, as a matter of “public health judgment.”
Mifepristone was first approved by the FDA in 2000 under strict guidelines, requiring a pregnancy at seven weeks’ gestation or fewer, and only administered in-person after being seen by a prescribing physician.
The guidelines were first relaxed in 2016, where the gestational age of the proposed pregnancy was lengthened to 10 weeks, and required fewer in-person visits to obtain a prescription.
After the COVID-19 pandemic, where mifepristone was prescribed and sent via mail under unprecedented circumstances, the same rules were legalized under the FDA’s REMS in 2023.
Reuters reported that mifepristone is the single-most popular method of abortion in the U.S., representing about 60% of all abortions.
HAWLEY LAUNCHES INVESTIGATION INTO ABORTION DRUG MANUFACTURERS OVER ‘GRAVE RISKS’ TO WOMEN
Joseph’s ruling orders the FDA to finish their review, which may revise rules under the 2023 REMS guidelines. It also allows the court to act if the agency continues to delay its safety review more than six months.
“Should the agency fail… the Court’s analysis… will inevitably change,” Joseph concluded.
Joseph maintained mifepristone access in Louisiana for now, but signaled the legal and scientific basis for those rules may not hold.
“This is one of the many reasons why the investigation into the FDA must be sped up so that states can begin to regulate abortions if the feds don’t,” 40 Days for Life President Shawn Carney told Fox News Digital. “This was one of the great promises by RFK that they initiated last year, because we now know how dangerous these abortion drugs are.”
“The investigation into the FDA must be sped up because every abortion pill sent through the mail is a huge, unregulated danger that has been a disaster since Biden deregulated it,” Carney added.
The FDA did not immediately respond to Fox News Digital’s request for comment.
Abortion pill mifepristone stays available by mail for now as FDA faces 6-month review deadline 2026 IUSTITIA.BG – Investigations 2009-2025 2026-04-08 02:36:36 Latest news World news Country news Most important news latest news most important latest of the day Justice Petar Nizamov Feathers Petar Nizamov- Feathers Justice bg iustitia.bg iustitia iusticia usticia investigation Burgas Bulgaria news news of the last hour news of the day news of today Bulgaria news The news from Bulgaria blitz news top news most important most commented latest news Boyko Borisov news weather coronavirus news news weather facebook youtube facebook instagram news today news of the last minutes news today today news news bg news leading news hot news bg news site for news all news news bg news of the last hour latest latest news bg news of today news today news today news of the last hour latest news today news bg news news 24 hours news vesti bg novini news world bird bg bivol bg bivol trud bg novini latest news today novinite bg news hello bulgaria political party coat of arms delyan peevski scandalous Bulgarian National Television Free Europe Television scandal exclusive live tv live right now tv tv online tv program bg live now tv news online tv online live court Burgas court Burgas district court Burgas court Burgas district court Burgas district court Burgas appellate court Burgas prosecutor Burgas prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Prosecutor General Ivan Geshev Prosecutor Geshev Tsatsarov Ministry of Internal Affairs Burgas ODMR Burgas ODPR Burgas police Burgas district police Burgas prosecutor Tsatsarov SGS cases Varna court chairman of the SGS court decisions on civil cases decisions on cases Plovdiv court decision of the court decisions cases Varna court criminal cases district district court decisions work in the court SGS chairman of the SGS judges Sofia court post judges Plovdiv court Plovdiv judges Plovdiv Supreme Court Inspectorate Supreme Court Supreme Judicial Council lawyer lawyer criminal cases lawyer civil cases lawyer marriage cases lawyer administrative criminal law criminal process civil law civil process administrative law constitutional law










