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Abortion pill dispute returns to Supreme Court

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Abortion pill dispute returns to Supreme Court


On Saturday, two companies that manufacture mifepristone came to the court in Danco Laboratories v. Louisiana, asking the justices to pause a ruling by the U.S. Court of Appeals for the 5th Circuit in a lawsuit by Louisiana that reinstated the requirement that the drug, which is used in about 60% of abortions nationwide, be dispensed only in person. Danco and GenBioPro told the justices that the 5th Circuit’s order was “unprecedented” and “injects immediate confusion and upheaval into highly time-sensitive medical decisions.”

Nearly two years ago, the Supreme Court ruled that doctors and medical groups opposed to abortion did not have a legal right to sue, known as standing, to challenge the Food and Drug Administration’s expansion of access to mifepristone.

The 2024 case, FDA v. Alliance for Hippocratic Medicine, was filed in federal court in Texas by several individual doctors who are opposed to abortion on religious or moral grounds, as well as medical groups whose members are opposed to abortion. The plaintiffs asked U.S. District Judge Matthew Kacsmaryk to rescind both the FDA’s initial approval of the drug in 2000 and its 2016 and 2021 expansions of access to the drug, arguing that mifepristone is unsafe and that the process that the FDA used to approve the drug was flawed.

The FDA, as well as several leading medical groups, countered that, based on extensive evidence, mifepristone is safe and effective. Kacsmaryk, however, suspended the FDA’s approval of the drug and the agency’s later changes, made in 2016 and 2021, to the conditions on the use of the drug – which included allowing the drug to be used through the 10th week of pregnancy, allowing health-care providers who are not physicians to prescribe the drug, and permitting it to be prescribed without an in-person visit.

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The FDA and Danco, which manufactures mifepristone, appealed to the 5th Circuit. The court upheld the part of Kacsmaryk’s ruling that rolled back the agency’s 2016 and 2021 changes that had expanded access to mifepristone.

In April 2023, the Supreme Court temporarily put the 5th Circuit’s ruling on hold, ensuring continued access to the drug. In June 2024, it reversed the lower court’s ruling and sent the case back to the lower courts.

In his opinion for the court, Justice Brett Kavanaugh acknowledged what he characterized as the challengers’ “sincere legal, moral, ideological, and policy objections” to elective abortion “by others” and to FDA’s 2016 and 2021 changes to the conditions on the use of the drug. But the challengers could not contest those changes, he said, because they had not shown that they would be harmed by the FDA’s mifepristone policies; under the Constitution, these kinds of objections are not enough to bring a case in federal court.

In October 2025, Louisiana filed its own lawsuit in federal court to seek the reinstatement of the in-person dispensing requirement. It emphasized that it had standing to sue because it had “incontrovertible evidence that … doctors and others are (as the Biden administration intended) sending streams of mifepristone by mail into Louisiana for the express purpose of causing thousands of abortions in Louisiana every year. That conduct directly violates Louisiana’s abortion laws, which – subject to very narrow exceptions (such as to save the life of the mother) – bar virtually all abortions, and prevents Louisiana from protecting the lives of unborn babies despite the promise of Dobbs” v. Jackson Women’s Health Organization, the Supreme Court’s 2022 decision holding that the Constitution does not confer a right to an abortion. “That conduct has directly generated medical emergencies that harm Louisiana women,” the state wrote, “and emergency room visits that harm the state.”

Rosalie Markezich, an individual plaintiff who joined the state’s lawsuit, said that in 2023 she was coerced into taking abortion drugs “that her boyfriend obtained via the U.S. Postal Service from a doctor in California.” If the in-person dispensing requirement had been in effect, she said, she “would have received the protection of a private in-person medical appointment,” during which she would “have been able to tell a doctor that she did not want an abortion.”

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After a federal judge put the case on hold while the FDA conducts its own review of mifepristone’s safety, Louisiana went to the 5th Circuit, asking that court to re-impose the requirement while litigation continues. The court of appeals ruled that Louisiana has a right to sue because, by allowing mifepristone to be prescribed by telehealth and sent by mail, the “FDA ‘opened the door for mifepristone to be remotely prescribed to Louisiana women,’” even though Louisiana generally bars abortion.

In their emergency application, the drug companies tell the justices that, like the doctors and medical groups in 2024, “Louisiana is not required to ‘prescribe or use mifepristone’ or to ‘do anything or to refrain from doing anything’ as a result of FDA’s actions.” The companies argue that the 5th Circuit should have applied the same analysis that the Supreme Court used in holding that the doctors and medical groups did not have standing in 2024. They stress that the Supreme Court “has already held that claims of downstream financial harm by doctors who provide follow-up care for treating complications after a medication abortion is too attenuated” to provide standing to sue. Here, they say, “Louisiana’s theory—that it can base standing on having to pay those doctors if someone who received FDA-approved mifepristone through the mail seeks follow-up care to treat a complication—is a more attenuated version of the” theories that the court specifically rejected two years ago. And Louisiana’s claim that it is injured because of the disconnect between federal law and its own state law is not the kind of injury that courts can review, they said.

The drug companies also ask the court to issue a short-term order, known as an administrative stay, that would put the 5th Circuit’s ruling on hold while the justices consider their request.

The drug companies’ request goes initially to Justice Samuel Alito, who handles emergency requests from the 5th Circuit. Alito is likely to ask Louisiana to respond before acting on the companies’ request.



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Louisiana Gov. signs Caleb Wilson Hazing Prevention Act

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Louisiana Gov. signs Caleb Wilson Hazing Prevention Act


BATON ROUGE, La. (Louisiana First) — The Caleb Wilson Hazing Prevention Act has been signed into law by Gov. Jeff Landry.

This comes after HB 636, authored by Rep. Vanessa LaFleur (D-Baton Rouge), was signed by the Speaker of the House and the President of the Senate on May 19.

The measure redefines hazing, mandates annual prevention training, and strengthens penalties for student organizations involved in hazing.

The legislation is named after a Southern University student who was killed in 2025 after being punched in the chest with boxing gloves during an unsanctioned, off-campus fraternity hazing ritual.

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The law will go into effect on August 1.

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As Seas Rise, Louisiana Faces a Choice: Plan for Movement or Let Crisis Decide – Inside Climate News

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As Seas Rise, Louisiana Faces a Choice: Plan for Movement or Let Crisis Decide – Inside Climate News


The shoreline of Louisiana has never been still or fixed, though recent generations have treated it as such.

Since the last ice age roughly 20,000 years ago, around when people arrived in what is now the United States, sea levels have repeatedly reshaped aspects of the Gulf Coast. But today, human-caused warming is accelerating that ancient process, pushing Louisiana’s dynamic shoreline into conflict with cities, roads, ports and levees built to contain and stabilize nature.

A new study in Nature Sustainability argues that this history is a guide to what comes next. Coastal Louisiana, the authors write, is ground zero for coastal climate adaptation: a place where rising seas and sinking land are already reshaping where people live, and where planning for movement could offer more agency than crisis-driven displacement.

“We have got to remember that when people first came to North America 20,000 years ago, there had already been a lot of climate change,” said Jesse Keenan, a co-author of the paper and professor of sustainable real estate and urban planning at Tulane University. “There’s been a lot of sea level rise in the region, and Indigenous populations have always moved with that shoreline.”

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In geologic time, he added, “New Orleans has been there for just a blip. We’ve got to get it out of our heads that this is terra firma.”

The physical stakes are still stark. Southern Louisiana is facing a convergence of rising seas, wetland erosion, stronger storms and land subsidence, much of it worsened by decades of oil and gas canals cut through the coast. The state contains what theIPCC has identified as the world’s most exposed coastal zone, where the shoreline is projected to move more than 30 miles inland of New Orleans.

By comparing today’s warming trajectory with the last interglacial period roughly 125,000 years ago, when global temperatures were similar and seas were much higher, the new study estimates that the region could eventually face three to seven meters of sea-level rise and lose as much as three-quarters of its remaining coastal wetlands.

Keenan emphasizes that the point is not to forecast a sudden disappearance, but to widen the planning lens: if the coast is already moving, Louisiana has a chance to decide how people, infrastructure and economies move with it.

The danger is assuming everyone has the same ability to act on that choice. Social mobility, he said, depends on financial mobility— which means adaptation cannot simply tell people to move to safer ground. It has to move opportunity, too: jobs, industries, schools and affordable housing beyond the form of voluntary buyouts, a common managed-retreat tool in which governments purchase flood-prone homes and return the land to open space.

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“Outmigration is often framed as tragedy or failure, but in some cases it signals agency,” said Brianna Castro, a co-author of the paper, who highlights that this is a chance to plan around choices people are already making. 

Nearly all of Louisiana’s coastal zone has lost residents since 2000, and since Hurricane Katrina in 2005, about a quarter of Orleans Parish’s population has left the area, while more than half of rural Cameron Parish has relocated. 

“If you build jobs and you build homes, specifically affordable homes, [on] safer ground, people will come,” said Castro, who is a professor of urban sustainability at Yale University’s School of the Environment.

The opportunity, she argues, is to make those moves possible before crisis forces them on harsher terms—with schools, housing and work in places where communities can carry culture forward rather than be scattered by disaster. New Orleans at its core, she said, is not confined to its current footprint.

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“We’re not going to ‘lose’ New Orleans,” she said. “New Orleans has an incredibly rich local culture, and that will carry across the lake.” What must change, she argued, is the assumption that a moving coast can be met with immovable systems.
That idea resonates beyond Louisiana. Vivek Shandas, a professor of earth, environment and society at Portland State University who was not involved in the study, said the paper widens the frame from emergency response to long-term adaptation.

“We’ve been resettling for hundreds of thousands of years as a species,” Shandas said. “I think we’ve gotten really complacent with thinking that once we’ve set up a place and invested in it that it has to be like that forever. But the Earth is a very dynamic and incredibly fluid system.”

For that reason, he said, Louisiana is a “bellwether” for the rest of the country—a place where planners, policymakers and communities can study what adaptation strategies work before the same pressures intensify elsewhere.

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“It’s super important for people to recognize that what we’re ultimately calling for in this paper is a public, private, and civic engagement with adaptation policy, planning and practice,” said Keenan. 

The study points to immediate action projects, including reviving the canceled Mid-Barataria Sediment Diversion—a $3-billion coastal restoration project designed to reconnect the Mississippi River with the Barataria Basin, the rapidly disappearing wetland area on the west bank of the river south of New Orleans—and advancing the Breton diversion on the other side of the Mississippi River. 

Unlike dredging, which moves sediment once and deposits it in place, river diversions are designed to restore a more continuous flow of sediment into wetlands, mimicking the processes that built the delta over thousands of years. Dredged material can create land, Keenan said, but it does not sustain the same root systems and ecological processes as a living riverine system.

“We’ve got a big challenge here, but this isn’t about the challenge. This is about the opportunity,” he said. “You catch more flies with honey than vinegar. There is so much economic opportunity to engage with people and to build things. Data centers won’t give people more jobs, but adapting to climate change just might.” 

About This Story

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How is U.S. immigration policy hurting a key Louisiana industry? : Consider This from NPR

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How is U.S. immigration policy hurting a key Louisiana industry? : Consider This from NPR


Crawfish sit in a water bucket to get clean before they are boiled in New Orleans, Louisiana on Saturday, April 11, 2020.

Claire BANGSER/AFP via Getty Images


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Claire BANGSER/AFP via Getty Images

Louisiana leads the country in crawfish production, bringing more than $300 million to the state each year. What happens when there aren’t enough employees to get them to buyers? 

Farmers, landscapers and the hospitality industry have long argued that the U.S. government doesn’t issue enough temporary visas to meet seasonal labor needs. 

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Current limits under Trump’s second term have worsened that problem. 

And farmers in rural Louisiana are feeling that pinch. 

NPR’s Debbie Elliott went to Louisiana to find out how.

For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org. Email us at considerthis@npr.org.

This episode was produced by Christine Arrasmith and Alejandra Marquez Janse, with audio engineering by Tiffany Vera Castro.

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It was edited by Russell Lewis and Courtney Dorning.

Our executive producer is Sami Yenigun.



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