A federal appeals court ruling has significantly restricted access to mifepristone by blocking its mailing, impacting abortion services across the U.S. The 5th U.S. Circuit Court of Appeals ruled that mifepristone prescriptions can only be distributed in-person at clinics.
This decision reverses a previous ruling from the FDA, which had permanently lifted in-person dispensing requirements for mifepristone in 2023. The ruling is likely to be appealed to the U.S. Supreme Court.
Mifepristone was approved in 2000 as a safe and effective method for ending early pregnancies. Currently, it is involved in most abortions in the U.S., with about 1 in 4 abortions prescribed via telehealth.
The ruling affects patients’ access to both abortion and miscarriage care nationwide. Julia Kaye, an attorney at the ACLU, stated, “This is going to affect patients’ access to abortion and miscarriage care in every state in the nation.”
Judges have historically deferred to the FDA’s judgments regarding drug safety and regulation. However, this recent decision contradicts that precedent.
Danco Laboratories has requested a one-week delay on the ruling to prepare for an appeal. The case highlights ongoing tensions surrounding abortion access and state laws, particularly in Louisiana.
The conservative-majority Supreme Court previously overturned Roe v. Wade in 2022 but preserved access to mifepristone in 2024. This latest ruling raises questions about future regulations surrounding medical abortions.
Further developments are expected as Danco Laboratories seeks a response from the Supreme Court regarding this significant restriction on mifepristone distribution.
