Federal appeals court to hear oral arguments in case that could limit access to abortion drug

Oral arguments are scheduled Wednesday in a case that could limit access to a drug used in nearly two-thirds of abortions in the U.S. 

A federal appeals court in Louisiana will consider whether the abortion and miscarriage drug mifepristone will continue to be distributed through mail and telemedicine appointments, NOTUS reported. 

Prior to a change in policy under the Biden administration, women could only get mifepristone through in-person doctor visits. The state of Louisiana sued the FDA last fall to reverse the policy, and the state is now asking the 5th U.S. Circuit Court of Appeals to side with it on a procedural issue as the case is likely to return to the Supreme Court. 

In its original complaint, Louisiana argued the Biden administration expanded access to the drug without properly considering potential safety risks. The state also argued the policy violated the Comstock Act, which generally prohibits sending abortion drugs by mail. 

The Justice Department is defending a Biden administration policy on the drug on procedural grounds, but Attorney General Todd Blanche said during his confirmation hearing in July that the administration intends to reinstate restrictions on the drug.