EPISODE · May 7, 2026 · 51 MIN
Fifth Circuit Stay of FDA Mifepristone Remote Dispensing Regulation
from Swear on the Stand · host Daniel W. Swear
This episode from the Fifth Circuit Court of Appeals details the court's decision to suspend federal regulations that allowed the abortion drug mifepristone to be prescribed online and delivered by mail. The state of Louisiana challenged the FDA, arguing that the agency bypassed essential safety protocols and ignored the drug’s financial and legal impact on states with abortion bans. While a lower court initially refused to stop the regulations, this appellate ruling found that Louisiana is likely to succeed because the FDA admitted to lacking sufficient data when it removed in-person medical visit requirements. The court determined that the public interest is best served by pausing these distribution methods while the agency completes a comprehensive safety review. Consequently, the court granted a stay pending appeal, effectively reinstating stricter oversight on how the medication is dispensed nationwide.
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Fifth Circuit Stay of FDA Mifepristone Remote Dispensing Regulation
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