In the biggest jolt to abortion policy in the US since the overturning of Roe v. Wade, a federal appeals court has restricted access to one of the most common ways to end early pregnancies, by blocking the mailing of mifepristone prescriptions. The unanimous ruling on Friday from the New Orleans-based 5th US Circuit Court of Appeals marks a substantial victory for abortion opponents seeking to stem the flow of abortion pills prescribed online, which they view as subverting state bans on the procedure, per the AP. The ruling, which is expected to be appealed to the US Supreme Court, requires that mifepristone be distributed only in person and at clinics, overruling regulations set by the federal Food and Drug Administration. Reps for the FDA and the Department of Justice didn't immediately respond to requests for comment. More:
- Backstory: Frustrated with a lack of federal action against medicated abortions, Louisiana Attorney General Liz Murrill sued the FDA last month, saying its regulations undermined the state's ban on abortions at all stages of pregnancy. FDA officials have said the agency is conducting a new review of mifepristone's safety, but the appeals court noted there was no timeline for its completion. Friday's ruling is in effect while the case works its way through the courts. It affects all states, even those without abortion restrictions. There's little precedent for a federal court overruling the scientific regulations of the FDA, and it remains to be seen how the decision could impact how the drug is dispensed over the long haul.
- The medication: Mifepristone was approved in 2000 as a safe and effective way to end early pregnancies. It's typically used in combination with a second drug, misoprostol, which isn't affected by the ruling but is less effective on its own. Surveys have found that the majority of abortions in the US are administered using pills, and that about 1 in 4 abortions nationally are prescribed via telehealth. Providers have suggested that its availability through telehealth is a reason why the number of abortions in the US hasn't fallen since Roe was overturned in 2022.
- Critics: Abortion pills and those who prescribe them out of state have become key targets of abortion opponents. Some Democratic-led states have adopted laws that aim to protect providers who prescribe via telehealth and mail the pills to states with bans. Those so-called shield laws are being tested through civil and criminal cases in Louisiana and Texas.
- Pushback: Abortion-rights supporter Fatima Goss Graves, president and CEO of the National Women's Law Center, slammed the ruling as "deeply out of step with both the public and fact-based science." Trump received criticism after the ruling from some anti-abortion advocates who expressed frustration that he didn't take action himself to block distribution of the pill.
- Midterms: The case could again make abortion a key issue in the midterm elections as Democrats aim to take back control of the House and Republicans fight to hold on to a narrow majority. Recent electoral results suggest that voters seeking to maintain abortion access have the political momentum. Since Roe was overturned, abortion has been on the ballot directly in 17 states. Voters have sided with the abortion-rights side in 14 of those questions.
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