August 16, 2023
A federal appeals court just ruled – the medical abortion pill called mifepristone should be more difficult to get nationwide – even in states where abortion is legal.
But – this is not over and despite this ruling, you will still have access to mifepristone for now.
The 5th Circuit Court of Appeals issued this 93-page ruling today siding –partially — with a federal court judge in Texas who originally blocked it’s use across the board. The group of anti-abortion doctors who brought this case argued – and now the appeals court agreed –that the FDA was wrong to loosen the regulations and requirements to receive the pills back in 2016 and 2021 and didn’t take safety concerns at the time into account. The 5th Circuit ruled women should no longer be able to obtain mifepristone through telemedicine appointments or by mail. Patients would have to receive a prescription from a doctor in states where its legal and have three follow-up appointments in person. The ruling would also shorten the time period when women can take the pill to 49 days into their pregnancy, down from 70 days. The appeals court did not block the drug all together. The panel said mifepristone can still stay on the market with the original restrictions put in place when the FDA approved the drug back in the year 2000.
It’s worth noting mifepristone accounts for more than 5% of the medical abortions in this country and is widely considered safe and effective.
For now – you will still be able to have access to mifepristone through the mail and at medical facilities where abortion is legal. The 5th Circuit ruling says the Supreme Court will likely be hearing this case in the fall and this ruling will take effect if the Supreme Court agrees.
Read the ruling from the 5th Circuit Court of Appeals here.
