Louisiana petitioned the U.S. Supreme Court on Thursday to preserve a Fifth Circuit Court of Appeals order blocking the mailing of mifepristone, a medication used in medical abortions. The state argues the appellate ruling should remain enforceable while litigation continues.

The Fifth Circuit's order restricts distribution of mifepristone through the mail, effectively limiting access to the drug regardless of FDA approval status. Mifepristone, approved by the FDA in 2000, combines with misoprostol to terminate early pregnancies. The medication abortion method now accounts for the majority of abortions performed in the United States.

Louisiana's Supreme Court petition directly opposes the Biden administration's position. The federal government has fought to invalidate the Fifth Circuit's mailing restriction, arguing the order exceeds judicial authority and conflicts with FDA regulatory decisions. The administration contends states lack power to override federal drug approval determinations.

The case stems from litigation initiated by anti-abortion physicians challenging mifepristone's FDA approval. The Fifth Circuit previously ruled these doctors had standing to sue despite lacking direct authority to prescribe the medication. That panel also imposed the mailing restriction while the broader approval challenge proceeds.

The Supreme Court's response will determine whether mifepristone can be mailed to patients in states where abortion remains legal, or whether the Fifth Circuit's restriction takes effect. This ruling affects patients nationwide, not just Louisiana residents, since mail orders originate from licensed pharmacies across the country.

Abortion access turns on this procedural question. Blocked mailing effectively requires in-person pharmacy pickup, reducing medication abortion availability in rural areas and states with geographic barriers. Patients in states permitting abortion could still access the drug if the Supreme Court overturns the mailing ban, but the Fifth Circuit order would prevent mail delivery.

The Court has not yet scheduled oral arguments on whether to maintain or lift the