The Trump administration asked a federal court to pause a Louisiana lawsuit seeking to end mail delivery of the abortion pill while the FDA reviews mifepristone. The Justice Department said a stay would conserve judicial resources because the agency's review could eliminate the need for litigation. Louisiana is seeking a preliminary order to restore an in-person dispensing requirement, and a hearing is scheduled for February 24. Anti-abortion groups criticized the administration's request, while the FDA says its review is not a delay tactic.
Trump Administration Asks Court To Stay Louisiana Lawsuit Targeting Mail Delivery Of Abortion Pill During FDA Review
A packet of Mifepristone is seen at Wyoming's last abortion clinic, Wellspring Center in Casper, Wyoming, on March 10, 2025. - Natalie Behring/Getty Images
The Trump administration on Tuesday asked a federal court to pause a Louisiana lawsuit that seeks to end access to abortion pills delivered by mail while the U.S. Food and Drug Administration conducts its own review of mifepristone, one of the two drugs used in medication abortion.
In a new filing submitted by the Justice Department on behalf of the FDA, the administration argued the court should hold the case in abeyance because the agency's review could render litigation unnecessary. The filing said proceeding while the FDA reassesses the regulations "would waste judicial resources because FDA's own review may eliminate any need for the Court's."
If the court grants the pause, the administration told the court it will notify judges within 14 days of any decision to modify the existing regulations that results from the review.
The Louisiana lawsuit is one of three state-led challenges focused on the FDA's current approach to mifepristone. Louisiana is seeking a preliminary order to reinstate an in-person dispensing requirement for mifepristone — a change that would halt its availability by mail and restrict access for people in states that have banned abortion.
Anti-abortion advocates have criticized the filing, arguing that the administration has been slow to act on chemical-abortion policy despite promises. Americans United for Life issued a sharp statement condemning the filing:
"The FDA's filing today is just another episode in the continuing saga of the Trump Administration's lawyers seeking legal delays while administration officials make promises of action on chemical abortion. Pro-life Americans are growing increasingly frustrated with the failure to meet words with action," said Steven H. Aden, chief legal officer and general counsel for AUL.
Some anti-abortion activists have alleged the FDA review — announced by FDA head Marty Makary, a Trump appointee — is a stalling tactic; the agency denies that charge. Reporting and Makary's own comments indicate the review is in early stages, and Louisiana argued that uncertainty supports its request for a preliminary order.
The broader political context: while former President Donald Trump has frequently highlighted his role in the 2022 Supreme Court decision that overturned Roe v. Wade, he largely avoided detailed answers during the 2024 campaign about specific abortion policies he would pursue if reelected. The current regulatory change that lifted the in-person dispensing requirement was made during the Biden administration and has made mifepristone more accessible by mail for people in states that ban abortion.
A hearing in the Louisiana case is scheduled for February 24. A spokesperson for Louisiana Attorney General Liz Murrill did not immediately respond to requests for comment.
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