Biden-era abortion by mail rules face key test at appeals court hearing

Published September 9, 2026 6:00am ET



A federal appeals court will consider on Wednesday whether to restore restrictions on mailing the abortion-inducing drug mifepristone, testing a Biden-era policy that judges have faulted for inadequate safety analysis and the Trump administration has declined to defend on its merits.

The hearing before the 5th U.S. Circuit Court of Appeals in New Orleans comes as Louisiana seeks to stop shipments of the drug that it says undermine its near-total abortion ban. The hearing also puts renewed pressure on President Donald Trump‘s administration, which has asked courts to wait for a Food and Drug Administration safety review rather than impose restrictions before the midterm elections.

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