- by foxnews
- 13 May 2026
The 5th U.S. Circuit Court of Appeals ruling could restrict abortion pill access across the country, restoring rules supporters say protect patient safety and state authority, while critics warn it will make access harder even in states where abortion remains legal.
"It is true, as the district court noted, that a § 705 stay 'would, as a practical matter, have a nationwide effect.'" the court wrote, putting in plain terms the sweeping implications of the decision.
The ruling also sided with arguments from pro-life states, including Louisiana, which said federal policy undermined their abortion laws.
"Every abortion facilitated by FDA's action cancels Louisiana's ban," the court wrote, adding that the state's policy recognizes "every unborn child is [a] human being … from the moment of conception.
"Once lost, that sovereign prerogative of protecting unborn life cannot be regained."
Pro-life groups quickly praised the decision.
"This is a win we've been waiting for, and we pray it holds," Students for Life President Kristan Hawkins said.
"We can't remain the United States of America if abortion-loving states allow criminal enterprises to be set up, breaking the laws of their pro-life neighbors."
Family Research Council President Tony Perkins called the ruling "great news for the unborn," adding that the issue "should be before the U.S. Supreme Court soon."
Pro-choice advocates sharply criticized the decision.
Judge David C. Joseph previously cautioned against "government by lawsuit," emphasizing that the FDA's ongoing safety review, not litigation, should determine long-term policy.
Louisiana Attorney General Liz Murrill had argued the policy caused "irreparable harm every day" it remained in place, warning expanded access was designed to "reach into jurisdictions like Louisiana" despite state-level abortion restrictions.
Friday's ruling now sets up a likely appeal to the Supreme Court, where a new challenge to federal authority over abortion drug regulation could take center stage.
The Associated Press contributed to this reporting.
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