DOJ fights Louisiana abortion pill lawsuit without defending Biden-era rules

Published September 9, 2026 8:51pm ET




President Donald Trump’s Justice Department sought Wednesday to oppose Louisiana’s push to restrict abortion drugs by mail while refusing to defend the safety analysis behind the Biden-era rules, frustrating the appeals judges who pressed government lawyers to explain their position.

The arguments before the 5th U.S. Circuit Court of Appeals in New Orleans highlighted the administration’s delicate approach to a lawsuit that President Donald Trump’s base is cheering. The challenge is backed by Alliance Defending Freedom, which represents Louisiana and wants the Food and Drug Administration to restore in-person requirements for the dispensing of mifepristone.

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