Louisiana Says It's ‘Blanketed’ in Contraband Mifepristone
Summary
Host Imani Gandy breaks down *Louisiana v. FDA*, a 5th Circuit case where Louisiana seeks to nationwide ban the mailing of mifepristone to enforce its state abortion ban. The episode explains how the FDA’s 2023 rule allowing mail-order dispensing undermines state bans, particularly in the post-*Dobbs* era where telehealth is critical for access. Gandy details the procedural history, including the Supreme Court’s stay of the 5th Circuit’s order, and highlights Justice Thomas’s dissent labeling the drug a "criminal enterprise." The summary concludes by emphasizing the high stakes: a Louisiana…
Topics discussed
Introduction and the 'blanketed in contraband' filing
Louisiana's strategy to stop out-of-state providers
What is Mifepristone and its FDA approval history
Telehealth expansion and the 2023 FDA rule change
Shield laws and state resistance to extradition
Procedural history: District court and FDA safety review
5th Circuit suspends FDA rule nationwide
Supreme Court intervention and Justice Thomas dissent
The Comstock Act and potential federal crimes
Legal standing and Louisiana's claimed injuries
Prediction on the 5th Circuit ruling
National implications for abortion access
Post-Dobbs reality and telehealth statistics
Conclusion and upcoming oral arguments
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