Reproductive Equity Now Statement Following Oral Arguments in Case Challenging Mifepristone Access via Mail
Boston, MA (Sept. 9, 2026) – Reproductive Equity Now released the following statement in response to oral arguments before the U.S. Court of Appeals for the Fifth Circuit in Louisiana v. Food and Drug Administration, a case challenging the U.S. Food and Drug Administration’s (FDA’s) evidence-based regulations governing access to mifepristone, a safe and effective medication used for abortion care.
“Mifepristone is safe and effective. This essential medication is backed by decades of rigorous science, hundreds of peer-reviewed studies, and years of real-world evidence. Today’s arguments are yet another troubling way that anti-abortion extremists are putting politics in between patients and their healthcare,” said Taylor St. Germain, Co-Executive Director of Reproductive Equity Now. “Mifepristone’s accessibility is being threatened by political interference and an anti-science agenda that puts ideology ahead of patients. Mifepristone has become a lifeline for millions of people—especially those living in states where abortion has been banned or severely restricted—and we cannot allow politicians to take that essential health care away. We will do everything in our power to defend medication abortion, protect patients and providers, and continue expanding access to the full spectrum of reproductive health care.”
Today, the U.S. Fifth Circuit Court of Appeals heard oral arguments in Louisiana v. FDA, brought by anti-abortion extremists seeking to prevent mifepristone access via telehealth and by mail, which has been approved by the FDA since 2023. In May, the Fifth Circuit Court of Appeals barred the dispensing of mifepristone by telehealth providers and by pharmacies or mail, which was then stayed by the U.S. Supreme Court, preserving access to mifepristone under FDA regulations. The Fifth Circuit is expected to issue a ruling in the near future, and it is widely expected this case will come before the Supreme Court again. The ruling from the court in this case will impact mifepristone access in all 50 states, including states where abortion is legal.
Medication abortion currently accounts for approximately two-thirds of all abortions in the United States, making the outcome of the FDA’s review significant for patients nationwide. Medication abortion has a well-documented record of safety and efficacy supported by decades of peer-reviewed research. The FDA’s 2023 decision to permit telehealth prescribing and mail dispensing was based on clinical evidence supporting patient safety, and continues to be supported by research that medication abortion using telehealth is just as safe as in-person abortion care.
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