Appeals court hears bid to curtail access to medication abortion

A federal appeals court on Wednesday considered a challenge that could ultimately remove access to medication abortion across the United States, including in states that have laws protecting abortion. The arguments were heard by a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

During the session, the panel pressed lawyers representing Louisiana, the Food and Drug Administration and two unnamed manufacturers and distributors with extensive questioning. The exchanges suggested the judges were probing legal and regulatory issues central to the dispute.

The stakes of the litigation are substantial: if the court rules against the FDA or the companies involved, the availability of medication abortion could be curtailed even in jurisdictions that have tried to safeguard abortion access through state law. Advocates on both sides have framed the case as one with broad national consequences.

The Fifth Circuit will now weigh the legal arguments presented by the parties. How the court resolves the questions raised during Wednesday’s arguments will determine whether medication abortion remains available under current regulatory and distribution arrangements, including in states that support abortion rights.