Episode
Safe Drug or Unsafe Criminal Act? The Mifepristone Showdown at the Supreme Court
- Podcast
- The High Court Report
- Published
- May 17, 2026
- Duration seconds
- 890
- Processing state
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Summary
Danco Laboratories, L.L.C. v. Louisiana | Nos. 25A1207, 25A1208 | Decided May 14, 2026 | Docket Link: Here Overview: The Supreme Court blocked the Fifth Circuit's nationwide order reinstating mifepristone's in-person dispensing requirement, preserving mail-order and telehealth distribution while Louisiana's APA challenge to the FDA's 2023 REMS proceeds. Question Presented: Whether the Fifth Circuit's §705 order suspending the FDA's 2023 mifepristone REMS changes should remain in effect pending appeal. Posture: District court denied preliminary relief; Fifth Circuit reversed, suspending 2023 REMS nationwide under §705. Main Arguments: Mifepristone Manufacturers (Applicants): (1) Louisiana lacks Article III standing — the 2023 REMS does not regulate Louisiana, and its sovereign and Medicaid-cost injuries depend on attenuated third-party choices the Court rejected in Alliance and Texas ; (2) The FDA's removal of the in-person requirement rested on 15 studies covering 55,000 patients and consistent adverse-event data showing no safety concerns; (3) The Fifth Circuit's order upends five years of settled distribution infrastructure, inflicting irreparable harm on manufacturers, patients, providers, and 20 states supporting the current REMS. Louisiana (Respondent): (1) Louisiana holds sovereign standing — approximately 1,000 violations of its abortion laws occur monthly, each constituting an injury to its sovereignty under Stevens , reinforced by $92,000 in Medicaid costs and $17,000 in enforcement outlays; (2) The FDA itself refuses to defend the 2023 REMS, conceding it reflected "inadequate consideration," and three separate Fifth Circuit panels found the APA challenge likely meritorious; (3) Neither the public nor the FDA holds any interest in perpetuating an agency action…