Pro-lifers receive good news from the Fifth Circuit in abortion pill case

(National Review) Last week, pro-lifers received some good news when the Fifth Circuit Court of Appeals granted the plaintiff’s request for an expedited hearing in Louisiana v. FDA. This case is one of several ongoing court cases about the legality of telehealth abortions.

The state of Louisiana has argued that the FDA’s policy of allowing women to obtain chemical abortions via telehealth violates their sovereignty. That is because the legality of telehealth abortions makes it logistically difficult for Louisiana to enforce its pro-life laws. The state has also argued that their Medicaid program has incurred costs due to injuries suffered by women who obtained chemical abortion drugs online. The appeal is scheduled to be heard on September 9.

Back in May, the Fifth Circuit Court of Appeals issued a stay in this exact case. This briefly halted telehealth abortions. However, two abortion pill manufacturers quickly appeared the Fifth Circuit’s decision to the U.S. Supreme Court.

The Supreme Court issued a ruling allowing telehealth abortions to continue as they considered the appeal. Later in May, they granted the plaintiff’s application for a stay. This meant that telehealth abortions could legally continue until the Fifth Circuit issued a final ruling in the case.

Overall, Louisiana has a very good chance to win the case. The fact that Fifth Circuit granted Louisiana a stay back in May indicates the judges found their arguments persuasive. That said, ultimately the U.S. Supreme Court is going to have to make a decision about the legality of telehealth abortions.

Even if they decline to hear an appeal on this particular case, there are several other cases pending in federal courts. These include separate cases brought by attorneys general in Florida and Texas. Also, the state attorneys general of Missouri, Idaho, and Kansas have joined a revised lawsuit that was filed by the Alliance for Hippocratic Medicine in 2024. As such, the Supreme Court will be unable to avoid the issue of telehealth abortion.