Federal court could block telehealth access to medication abortion – evidence and resources – Collaborative for Reproductive Equity

This Wednesday, September 9, a federal appeals court will hear arguments in Louisiana v. FDA, a lawsuit that could block access to medication abortion via telehealth and mail.

The litigation before the 5th U.S. Circuit Court of Appeals could sharply reduce patient access to safe, effective, and essential healthcare. It seeks to ban mail-order prescriptions for the common abortion medication mifepristone and to require in-person visits with clinicians for medication abortion care nationwide.

Wisconsin law already prohibits medication abortion via telehealth, but shield laws have enabled some Wisconsinites to access that care. The case before the 5^th Circuit could eliminate that access in Wisconsin.

The timing of a 5th Circuit decision is unknown. In the meantime, medication abortion care remains available under state and federal restrictions.

This case is one of several moving through the courts that could further restrict or ban access to abortion medication despite overwhelming evidence of its safety. CORE will continue to monitor these threats to reproductive autonomy and access, and to produce and share research that supports evidence-based policy.

Key details:

The safety of medication abortion care is well established and supported by hundreds of studies. Years of real-world experience and research show that abortion delivered via telehealth is as safe and effective as in-person care.
Nationwide evidence shows that nearly 30% of clinician-provided abortion care now occurs through telehealth.
Telehealth reduces barriers to care, especially for people who live far from abortion clinics, have low incomes, or are younger.
Research demonstrates that the denial of wanted abortion care harms pregnant people, their families, and communities.

Wisconsin-specific evidence and perspective:

Abortion care in Wisconsin is available but highly restricted by state law, making access difficult, if not impossible, for people seeking care in the state.
Wisconsin restrictions prohibit telehealth for abortion care and include some of the country’s most restrictive medication abortion laws.
CORE research documents that many Wisconsinites face significant barriers to abortion care, including legal restrictions, cost, travel, and other structural hurdles. As a result, some Wisconsinites must leave the state for care, others order abortion pills online from out-of-state clinicians (shield law providers), and still others are forced to carry pregnancies to term.
Evidence shows that nearly a quarter of recent abortions among Wisconsin residents were telehealth medication abortions from shield law providers.

Key details:

Wisconsin-specific evidence and perspective:

Related CORE resources: