Women’s Health and Safety Secured Common Sense Made Common Again – And it lasted about 48 Hours

On Friday May 1, 2026, the Federal Fifth Circuit Court of Appeals slapped the Food and Drug Administration (FDA) with an overdue dose of common sense. In Louisiana v. FDA, a panel of judges of the Fifth Circuit took up the issue of whether the FDA should permit the prescription of the abortion drug mifepristone by video call and delivery by mail of the dangerous abortion drug.

The abortion drug, mifepristone, has a demonstrated history of health complications. Of course the drug is fatal for the unborn child. It’s use also  presents significant physical and psychological risks to a mother. According to a comprehensive study conducted by the Ethics and Public Policy Center, the mother will experience “adverse events” which include hospitalization in more than 10.93% instances after taking the drug. 

 In 2000 the FDA approved mifepristone for use. Given its dangerous side effects, the FDA at that time required close supervision by a prescribing physician and mandatory reporting of complications. Subsequent administrations reduced ‘safety guardrails’ for the abortion drug.

After the US Supreme Court’s decision in Dobbs, which returned regulation of abortion to the states, Louisiana joined a group of uncompromising pro-life states protecting the unborn. Louisiana Statute 40:1061 states:

No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being.

In an effort to subvert the laws of pro-life states such as Louisiana following the Dobbs decision, the Biden FDA made it possible for abortion drugs to flood into states with strong pro life protections.  The Biden FDA allowed a doctor to prescribe by ‘video call’ the life threatening abortion pill which would then be delivered by mail. The Biden Administration’s ideology of promoting death of the unborn at all costs  overrode common sense precautions intended to protect women. Chemical death delivered by mail, in a brown paper wrapper, to a mother who aborts her child alone, without proper medical supervision and unaware of the risks to her life.

Medical providers, legislators and others from Louisiana and pro-life states, appalled by the dangerous and callous practice allowing a doctor, who has never met in person with a woman, to prescribe an abortion pill delivered by mail order, filed a legal challenge to the FDA rules.

In State of Lousiana v Food and Drug Administration the Fifth Circuit, blocked the FDA from allowing mail order abortion. The Fifth Circuit expressed skepticism for the FDA’s relaxation of safety guardrails including the removal of the “in person” exam requirements.   Among other things, the Fifth Circuit determined:

• The FDA’s removal of in-person in favor of ‘video call’ dispensing requirement was arbitrary and capricious relying on insufficient data
• That Louisiana, with strong protections for the unborn, suffered both in terms an attack on state policy, as well as financially, when woman were harmed by ‘mail order’ drugs entering the state 

Common Sense Prevails

In light of the factors described above and, for other reasons, the Fifth Circuit on May 1, 2026 issued a  halt to dangerous practice of video visits and “mail order” abortion pending further examination.

And Then, Common Sense Becomes Uncommon, Again

On May 5, 2026 Supreme Court Justice Samuel Alito issued a one week pause on the ban blocking the FDA’s ‘telehealth’  and ‘mail order’ abortion scheme.   During this pause, parties to the case will file with the US Supreme Court their arguments regarding the dangerous practice of the FDA.

Take Action

We ask you to pray.  Pray for the pro-life litigants that their arguments will be compelling for the protection of women and the unborn. Pray for the justices on the Supreme Court  who are being called upon to protect the intent of the Dobbs decision and the ability of citizens to pass laws protecting the rights of the unborn.

Louisiana v. FDA Mail-Order Abortion Drug Case: What You Need to Know