Access to the abortion pill, mifepristone, is facing restrictions in the United States following a ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals. The court ordered a ban on telemedicine prescriptions and shipments of the drug by mail, though the decision will not immediately take effect. The court did not, however, rule for the drug to be removed from the market entirely, as a lower court had done. The U.S. Department of Justice has stated that it will appeal the ruling to the U.S. Supreme Court.
The ruling came as a result of a lawsuit brought by anti-abortion groups and doctors who claimed that the U.S. Food and Drug Administration (FDA) did not properly approve mifepristone in 2000 and did not adequately consider its safety when used by minors. The court agreed with the plaintiffs, stating that the FDA used an improper process for approval and did not sufficiently evaluate the drug’s safety.
The decision will not go into effect until the Supreme Court reviews it, which could occur in its upcoming term from October to June. In the meantime, conservative judges on the 5th Circuit panel rolled back FDA actions that had made the drug more accessible in recent years. This included the agency’s decision in 2021 to allow telemedicine prescriptions and mail shipments of the drug, instead of requiring in-person visits.
Mifepristone is part of a two-drug regimen used for medication abortions, which account for over half of all abortions in the United States. The drug has been found to be safe and effective through numerous medical studies and real-world use. Major medical associations, such as the American College of Obstetricians and Gynecologists and the American Medical Association, have expressed concerns that restrictions on mifepristone would harm patients by forcing them to undergo more invasive surgical abortions.
The ruling by the 5th Circuit Court of Appeals is seen as a challenge to abortion rights, especially following the U.S. Supreme Court’s decision last year to overturn the landmark Roe v. Wade ruling that had legalized abortion nationwide. Since then, many states have implemented stringent restrictions on abortion, with some outright banning the procedure. The impact of this latest ruling will depend on the decision of the Supreme Court following the appeal.