Sep 9, 2026 · 9 min · 8 segments
On Wednesday Louisiana asked the Fifth Circuit Court of Appeals to stop the abortion drug mifepristone from being mailed to patients by reinstating a rule that says you have to show up in person to…
Imani GandyHost
The Supreme Court had already blocked the relief Louisiana wanted, and so this panel was tasked with a much harder question: Has anyone, anywhere, ever gotten a court to grant this kind of relief after the Supreme Court already said no? Because here's what Louisiana asked this Fifth Circuit panel to do.
Louisiana wants them to rule that the in-person dispensing requirement should be reinstated nationwide, and then, and I swear I am not making this up, Louisiana wants the court to stay its own ruling so nothing actually changes until the Supreme Court weighs in again.
Asking for a stay or a pause, and then asking to freeze your own stay, to freeze your own pause, seems a little self-defeating.
Louisiana says it's suffering irreparable harm every day mifepristone is mailed into the state.
Louisiana is admitting in open court, basically, that it doesn't trust its own win, should it win, to survive contact with the Supreme Court.
Louisiana's lawyer, Benjamin Aginaga, spent 20 minutes getting pressed on this question from every angle, and he never landed on a real answer.
The Supreme Court had already blocked the relief Louisiana wanted, and so this panel was tasked with a much harder question: Has anyone, anywhere, ever gotten a court to grant this kind of relief after the Supreme Court already said no? Because here's what Louisiana asked this Fifth Circuit panel to do.
Louisiana wants them to rule that the in-person dispensing requirement should be reinstated nationwide, and then, and I swear I am not making this up, Louisiana wants the court to stay its own ruling so nothing actually changes until the Supreme Court weighs in again.
Asking for a stay or a pause, and then asking to freeze your own stay, to freeze your own pause, seems a little self-defeating.
Louisiana says it's suffering irreparable harm every day mifepristone is mailed into the state.
Louisiana is admitting in open court, basically, that it doesn't trust its own win, should it win, to survive contact with the Supreme Court.
Louisiana's lawyer, Benjamin Aginaga, spent 20 minutes getting pressed on this question from every angle, and he never landed on a real answer.
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