On September 9th, 2026, the U.S. 5th Circuit Court of Appeals heard oral arguments in the high-stakes case, Louisiana v. FDA (Food and Drug Administration).
This case, if won on behalf of Louisiana, would dramatically limit access to the nationwide and online accessible abortion drug, mifepristone.
Louisiana is seeking to challenge a policy that took place under the Biden Administration – a 2023 FDA policy which removed the restriction of in-person prescriptions for the abortion drug. After this protection was removed, anyone was able to order mifepristone through the mail.
No form of identification needed. No confirmation of pregnancy. No gestational age determination. Nothing.
The ramifications of this removal have been stark. Countless anecdotes have been heard regarding the devastating impact of taking the abortion drug without knowing if you are even pregnant in the first place or how old the baby is.
The EPPC (Ethics and Public Policy Center) published a study revealing the true scope of the harms that have been done to women through the lack of protections surrounding access to mifepristone.
- 1 in 11 (10.93%) of women will experience an adverse health event.
- This adverse health event rate is 22 times higher than what the FDA currently reports.
- This adverse health event rate skyrocketed after the 2023 FDA policy change.
Side effects of the abortion drug are also astounding. The EPPC reports,
- Sepsis
- Infection
- Transfusion
- Hemorrhage
- Hospitalization related to the abortion
- ER visit related to the abortion
- Ectopic pregnancy
- Other life-threatening events such as cardiac, pulmonary, thrombosis, anaphylaxis, surgery.
- Repeated surgical abortion
- Other complications
Barring the devastating effects of a woman knowingly taking the abortion drug, countless victims have come forward, unknowingly or unwillingly having taken the abortion drug through deception or coercion.
The South Carolina Daily Gazette reported,
“But Gabriella McIntyre, legal counsel of Alliance Defending Freedom, which is helping to defend Louisiana and one of its residents, a co-plaintiff who says her then-boyfriend coerced her into taking abortion pills, believes her team can persuade the 5th Circuit on Wednesday that Louisiana has proper standing.”
The unhindered access to mifepristone that has arisen due to the 2023 FDA policy change has opened the door wide for abusive husbands and boyfriends to coerce or force their significant others to kill their babies.
This practice must end. The FDA must change its policy.
Louisiana also argues that the unhindered access to the abortion drug through the mail directly goes against the Dobbs decision which allowed individual states to create their own abortion policies.
The state of Louisiana itself enforces a complete ban on all abortions with severe civil and criminal penalties for providers. The ability for men or women to access the abortion drug through the mail allows them to undermine state law in Louisiana.
Students for Life, an out-spoken pro-life organization, has joined Louisiana’s fight by submitting an amicus brief in June.
As Christians, we must pray for the success of Louisiana in their case against the FDA and we must work to ban abortion in every state at every stage once and for all.
