The Louisiana v. FDA case remains one of the most significant legal challenges in the prolife movement since Dobbs v. Jackson Women’s Health. AAPLOG continues to play an active role in the effort to restore safeguards surrounding the abortion drugs for women and children. In addition to filing an amicus brief in the case, AAPLOG has released its abortion pill investigation and publicly advocates for evidence-based protections.
On September 9, 2026, the Fifth U.S. Circuit Court of Appeals heard oral arguments in The State of Louisiana v. FDA, a case challenging the FDA’s 2023 decision to expand access to mifepristone through certified retail and mail-order pharmacies. The outcome could determine whether mail-order abortion remains legal nationwide.
AAPLOG’s amicus brief argues that the studies used to justify these regulatory changes are “wholly inadequate” and that ideology has been placed above sound medical care.
One of the plaintiffs, Rosalie Markezich, shared that her boyfriend obtained mifepristone through a remote prescription and mail-order pharmacy before coercing her to take it against her wishes. Markezich discussed her heartbreaking experience with Dr. Christina Francis and Alliance Defending Freedom (ADF) Attorney Gabriella McIntyre on the OBservations Podcast.
On the day of oral arguments, Dr. Francis commented on the case in The Washington Examiner and LifeNews:
“The FDA abandoned women and girls when it removed longstanding safeguards for mifepristone and paved the way for mail-order abortions, leaving patients vulnerable to serious health risks and abuse.
As we detail in our brief to the court, our patients deserve care that is grounded in rigorous evidence and sound medicine, not political ideology. It is past time for the FDA to do its job and restore common-sense safeguards that protect women and ensure they receive the highest standard of care.”
As this case moves forward, AAPLOG encourages members who have treated patients experiencing abortion pill complications to submit cases (deidentified information only) through our Abortion Pill Complications Reporting Form. These reports help document the real-world impact of abortion drugs and support ongoing efforts to restore appropriate safeguards.
AAPLOG will continue to monitor the case and keep members informed as the Fifth Circuit considers its decision over the next couple of months.
