In a recent ruling by the 5th U.S. Circuit Court of Appeals based in New Orleans, stricter controls have been placed on the distribution and access of the abortion pill, mifepristone.
Despite the court’s decision, the restrictions will remain inactive until the U.S. Supreme Court evaluates the ruling in its forthcoming term running from October to June.
A definitive stance on mifepristone’s accessibility emerged in an emergency order from the Supreme Court earlier this year, ensuring its continued availability amidst the ongoing appeal.
At the core of this litigation is a lawsuit spearheaded by the newly established Alliance for Hippocratic Medicine, in conjunction with four other anti-abortion entities and a group of doctors, a Reuters report explains.
These parties have argued that the U.S. Food and Drug Administration (FDA) did not undertake the appropriate procedures when it granted approval for mifepristone in 2000.
They further allege the FDA’s lack of comprehensive assessment of the drug’s impact on minors.
In a statement, Erin Hawley of Alliance Defending Freedom, representing the anti-abortion factions contesting the drug’s endorsement, stated, “The 5th Circuit rightly required the FDA to do its job and restore crucial safeguards for women and girls, including ending illegal mail-order abortions.”
While the three-judge panel from the 5th Circuit is known for its conservative views and a track record of contesting abortion rights, they did not unanimously agree on the extent of the restrictions.
Circuit Judge William Ho expressed he would have preferred an outright ban on mifepristone.
Conversely, the court’s majority chose to rescind recent FDA guidelines that had broadened the drug’s accessibility.
This includes the 2021 decision permitting telemedicine prescriptions and mail deliveries of the drug, replacing the mandate for an in-person consultation.
Another notable change was the overturning of the FDA’s 2016 decision to extend the usage window of mifepristone from seven to ten weeks into pregnancy.
Circuit Judge Jennifer Walker Elrod, penning the majority view, remarked that the decisions by the FDA “were taken without sufficient consideration of the effects those changes would have on patients.”
The current ruling is anticipated to face challenges, with appeals expected at the full 5th Circuit before moving to the U.S. Supreme Court.
Last year, the Supreme Court made a groundbreaking decision by reversing its seminal Roe v. Wade verdict which had previously established abortion as a legal right across the nation.
