Abortion Access In The High Court, Again | Katie Keith

Why It Matters

The outcome will determine whether millions of women retain telemedicine access to medication abortion and could reshape how states influence federal drug regulation, affecting both reproductive rights and pharmaceutical innovation.

Key Takeaways

• FDA approved mifepristone telehealth access in 2023, now contested.
• Louisiana AG sued, Fifth Circuit temporarily blocked nationwide telemedicine access.
• Supreme Court faces emergency request to stay Fifth Circuit ruling.
• Drug manufacturers seek administrative stay to preserve pharmacy/mail distribution.
• Ongoing litigation could reshape nationwide medication‑abortion regulation and R&D climate.

Summary

The podcast focuses on a fresh legal battle over the FDA’s 2023 decision to allow mifepristone – the drug used for medication abortions – to be prescribed via telehealth and dispensed at pharmacies. Louisiana’s attorney general, joined by a private plaintiff, sued to overturn those rules, arguing they harm the state’s abortion restrictions.

The Fifth Circuit Court of Appeals issued an emergency order that effectively halted the nationwide telemedicine and pharmacy access, prompting the drug manufacturers to request an administrative stay from the Supreme Court. The Supreme Court has set a deadline for a decision, while the FDA continues its own safety review, and the case revives a 2024 Supreme Court precedent that physicians lack standing to challenge FDA approvals.

Katie Keith highlighted that mifepristone has a 25‑year safety record and that internal FDA documents show the agency’s decisions were science‑driven, not political. She also cited a JAMA analysis and a brief from former FDA officials warning that allowing state lawsuits to dictate drug regulation could destabilize the pharmaceutical industry.

If the Supreme Court restores the Fifth Circuit’s block, telehealth and pharmacy access to medication abortion could be rolled back nationwide, tightening reproductive‑health options even in states where abortion remains legal. The case also sets a broader precedent: state‑level challenges could increasingly dictate federal drug‑approval processes, potentially chilling innovation and R&D across the pharmaceutical sector.

Original Description

Health Affairs Publishing’s Jeff Byers welcomes Georgetown University’s Katie Keith and Deputy Editor Chris Fleming back to the podcast to unpack a new court case over mifepristone that could alter telehealth access to medication abortion and test the boundaries of FDA authority.

Join us on June 23 for an exclusive Insider virtual event examining how antitrust policy in health care ( https://www.healthaffairs.org/do/10.1377/he20260506.557963/full/?utm_medium=podcast&utm_source=this+week&utm_campaign=insidermarketing&utm_content=eventspecific ) is evolving at both the federal and state levels, featuring insights from Katherine Gudiksen, Leemore Dafny, and Nathan Hostert.

Related Links:

* Supreme Court Temporarily Blocks Ruling Barring Telehealth And Pharmacy Access To Mifepristone ( https://www.healthaffairs.org/content/forefront/supreme-court-temporarily-blocks-ruling-barring-telehealth-and-pharmacy-access?utm_medium=podcast&utm_source=this+week&utm_campaign=forefront ) (Health Affairs Forefront)

* The US Food and Drug Administration’s Regulation of Mifepristone ( https://jamanetwork.com/journals/jama/article-abstract/2843710 ) (JAMA)

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Health Affairs This Week

Episode 248

May 15, 2026

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