Federal judge allows mifepristone by mail to continue, for now

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A federal judge has declined to block the mailing of mifepristone prescriptions nationwide while directing the FDA to complete its ongoing review of the drug.

U.S. District Judge David Joseph denied a request from Louisiana Attorney General Liz Murrill to pause 2023 FDA rules allowing the drug to be dispensed by mail. He instead granted a request to temporarily pause the case and said the agency must provide an update on its review within six months.

The ruling allows current access to continue as legal challenges proceed, though the judge said he could revisit the issue depending on the FDA’s findings.

Louisiana argued the policy undermines its abortion ban. The state is one of 13 that prohibit abortion at all stages of pregnancy.

Mifepristone, typically used with misoprostol, has been at the center of sustained legal and regulatory battles spanning federal courts and multiple administrations. The FDA first approved the drug in 2000 and expanded access in 2016 and 2021, including allowing prescribing without an in-person visit.

In June 2024, the Supreme Court unanimously upheld the FDA’s approval of the drug, though it did not address broader access policies. Since then, Idaho, Missouri and Kansas have pursued additional legal challenges targeting telemedicine and mail distribution.

The FDA has also continued to update its regulatory framework, including approving a generic version of mifepristone in September 2025 under its risk evaluation and mitigation strategy program.

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