Fifth Circuit Ruling on Mifepristone
On May 1, the U.S. Court of Appeals for the Fifth Circuit issued a ruling that bans the mailing of an abortion drug during litigation. The court acknowledged the order would have nationwide effect.
The ruling relies on the Administrative Procedure Act (APA), which allows a court to stay or vacate a regulation, producing nationwide effect.
Drugmakers have sought relief from the U.S. Supreme Court.
Secret Subpoena Enforcement in Texas
On April 30, the Department of Justice (DOJ) filed a petition in the Northern District of Texas to enforce a subpoena against Rhode Island Hospital related to gender-affirming medical care for transgender minors.
The petition was assigned to U.S. District Judge Reed O’Connor, who granted it the same day without seeking a response from the hospital. The DOJ’s petition claimed jurisdiction by stating its investigation is carried out in the Northern District of Texas, though no specific evidence tied the Rhode Island investigation to that district.
The DOJ acknowledged conflicting district court rulings in a footnote, describing them as mistaken and on appeal. The order requires compliance by May 14.
Callais Redistricting Case
After the U.S. Supreme Court’s Voting Rights Act decision in Callais, two three-judge district court panels are addressing subsequent issues.
One panel, composed of Circuit Judge Carl Stewart and District Judges Robert Summerhays and David Joseph, ordered briefing on next steps. Louisiana Governor Jeff Landry issued an executive order suspending congressional primary elections.
A new federal lawsuit challenging that order was assigned to a three-judge panel including District Judge Shelly Dick, Circuit Judge Kyle Duncan, and District Judge Greg Guidry. That panel is considering whether to transfer the case to the Western District of Louisiana.
Broader Context
The Fifth Circuit’s actions, including allowing nationwide effects via APA and the actions of district judges within the circuit, have created legal uncertainty. While the Supreme Court may review these decisions, the interim effects are immediately binding.