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The court's recording of 26-30203 State of Louisiana v. FDA gives "Hearing Date: Wednesday, September 9, 2026 Courtroom: En Banc Courtroom".
Judge Richman told Louisiana Solicitor General Ben Aguiñaga she could not find in the record that FDA approved mailing the drug into states where it is unlawful; notes the panel's moderate-left lean and that the Justice Department argued standing alone was enough to reject the request.[1]
Aguiñaga: "There's no dispute that Louisiana's experiencing 1,000 abortions a month due to mifepristone mailed into the state"; Higginson questioned whether the panel could "stay the stay" given the Supreme Court's order.[1]
Attorney General Liz Murrill speaking outside the courthouse after the argument.[1]
The Fifth Circuit granted Louisiana's motion to expedite on 23 June 2026 and set argument for 9 September; FDA must file a status report on its review in the district court by 7 October 2026.[1]
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