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A federal appeals court on Friday blocked the mailing of the abortion pill mifepristone under current Food and Drug Administration (FDA) rules, a move the court acknowledged would, “as a practical matter, have a nationwide effect,” one that sets up a likely Supreme Court battle over abortion access.
The 5th U.S. Circuit Court of Appeals ruling could restrict abortion pill access across the country, restoring rules supporters say protect patient safety and state authority, while critics warn it will make access harder even in states where abortion remains legal.
The decision means women will now have to see a medical professional to obtain a mifepristone prescription, restoring a requirement that had been lifted during the COVID-19 pandemic under former President Joe Biden.
Mifepristone is one of two drugs commonly used in medication abortions and accounts for a majority of abortions in the U.S., according to research from the Guttmacher Institute.
ABORTION PILL MIFEPRISTONE STAYS AVAILABLE BY MAIL FOR NOW AS FDA FACES 6-MONTH REVIEW DEADLINE
A packet of misoprostol abortion pills. (Sergei Gapon/AFP)
The court’s order blocks mail-order distribution of the drug and effectively halts pharmacy-based dispensing allowed under recent FDA rule changes, requiring it to be dispensed in person under earlier safety protocols.
“It is true, as the district court noted, that a § 705 stay ‘would, as a practical matter, have a nationwide effect.'” the court wrote, putting in plain terms the sweeping implications of the decision.
Judges sharply criticized the FDA’s handling of the drug’s safety data, saying the agency had “previously eliminated the requirement to report mifepristone’s adverse events,” and calling it “unreasonable” to remove reporting requirements and then rely on the resulting lack of data to justify expanded access.
The ruling also sided with arguments from pro-life states, including Louisiana, which said federal…
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