Louisiana judge preserves telehealth abortion access provision for now, puts case on hold ...Middle East

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A federal judge in Louisiana upheld telehealth access to abortion medication in a decision issued Tuesday afternoon, pausing the case until the U.S. Food and Drug Administration completes a safety review of the drug, mifepristone.

U.S. District Judge David C. Joseph also ordered the FDA to conduct its review with “deliberate speed,” after reports in December that the agency had instructed officials to delay until after the midterm elections in November. Those reports drew sharp criticism from anti-abortion groups.

Louisiana Attorney General Liz Murrill, a Republican, sued the FDA in October, arguing the court should strike down a 2023 provision allowing telehealth prescriptions for mifepristone. The medication is one part of a two-drug regimen commonly used to terminate a pregnancy before 10 weeks and for miscarriage treatment. Louisiana resident Rosalie Markezich, who said her then-boyfriend coerced her into taking the pills, is also a plaintiff in the case. 

Louisiana attorneys have said doctors in states without abortion bans should not be allowed to prescribe and mail the medication into a state where it is illegal. Attorneys also argued the medication is unsafe to be prescribed via telehealth, a claim that is not supported by many years of scientific data, and pointed to Markezich’s story as one demonstration of harm.

Many states have enacted shield laws to prevent providers in states without bans from being prosecuted by out-of-state investigators. Louisiana officials unsuccessfully attempted to extradite and charge a provider from California in January for mailing abortion pills, about a year after trying to extradite a New York doctor for the same reason.

On Tuesday, the judge left the motion open for Louisiana to refile after the FDA’s safety review is complete, so the state could try to strike the provision down again at that point. And Joseph, who was appointed by President Donald Trump during his first term, indicated he thinks there is evidence of harm to the state. 

In a statement after the ruling, Murrill indicated she is optimistic about the eventual legal outcome.

“Judge Joseph concluded that Louisiana has standing to sue and is likely to succeed in showing that the 2023 (rule) is unlawful,” Murrill said in the statement. “He also concluded that Louisiana suffers irreparable harm every day that the 2023 (rule) remains in effect. Accordingly, under binding Fifth Circuit precedent, the only thing left to do is vacate the 2023 (rule) pending the outcome of this litigation. We will ask the Fifth Circuit to do so.”

Since the U.S. Supreme Court’s Dobbs decision in June 2022, telehealth has become a primary method of obtaining abortion medication. In the first half of 2025, according to the research and advocacy group #WeCount, more than 27% of all abortions were provided through telehealth appointments. Nearly 15,000 abortions per month were provided under shield laws during that same time frame, according to the report.

“Putting this baseless case on hold is certainly a better outcome than what Louisiana asked for: severe and immediate restrictions on mifepristone that would upend abortion and miscarriage care across the country,” said Julia Kaye, senior staff attorney for the Reproductive Freedom Project of the American Civil Liberties Union, in a statement. “But it is small comfort that the Trump administration now holds the baton in this ongoing attack on medication abortion when we can see the administration teeing up the same harmful restrictions that abortion opponents are trying to win in court.”

A lawsuit similar to Louisiana’s is pending in Missouri that the Trump administration also asked the court to pause or dismiss in March.  

Stateline reporter Kelcie Moseley-Morris can be reached at kmoseley@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes NC Newsline, and is supported by grants and a coalition of donors as a 501c(3) public charity.

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