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A federal appeals court in New Orleans has partially overturned a lower court’s decision blocking access to a popular abortion drug. The new decision keeps the drug, mifepristone, available for purchase to consumers with some restrictions.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled 2-1 Wednesday, just before midnight, to keep mifepristone available only to be dispensed up to seven weeks, not 10, and not by mail.
The drug, which is used in combination with a second drug, misoprostol, terminates pregnancies and was approved for use by the Food and Drug Administration more than two decades ago.
A lower court judge in Texas completely blocked the FDA’s approval following a lawsuit that alleges the approval was done improperly and too hastily.
PRO-LIFE REPUBLICANS SAY FDA APPROVAL OF ABORTION PILL WAS ILLEGAL, ASK APPEALS COURT TO UPHOLD INJUNCTION
Bottles of abortion pills mifepristone, left, and misoprostol, right, at a clinic in Des Moines, Iowa, Sept. 22, 2010. (AP Photo/Charlie Neibergall)
The case may now head to the U.S. Supreme Court.
Where the three judges differed — and what ultimately caused the split vote — was concerning changes made by the FDA that relaxed the rules for prescribing and dispensing mifepristone.
These changes include extending the period of pregnancy when the drug can be used and also allowing it to be dispensed by mail, without any need to visit a doctor’s office. These rules were changed in the 16 years since the FDA’s initial approval of mifepristone in 2000.
SCHUMER SAYS JUDGE’S MIFEPRISTONE ABORTION PILL RULING ‘COULD THROW OUR COUNTRY INTO CHAOS’
Under the new appeals court order, the initial approval remains in effect, but the relaxed rules do not.
The two judges who voted to tighten the restrictions were Kurt Engelhardt and Andrew Oldham, both appointees of former President Donald Trump.
The third judge, Catharina Haynes, an appointee of former President George W. Bush, said she would have returned the…
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