The 5th U.S. Circuit Court of Appeals in New Orleans ruled on Wednesday that there must be restrictions on the abortion pill mifepristone. This decision prohibits prescriptions through telemedicine and the mailing of the drug. Although this judgement doesn't enforce an immediate withdrawal of the medication from the market, the Biden administration, which supports abortion rights, plans to appeal the decision to the U.S. Supreme Court. The implications of this ruling will remain on hold until the Supreme Court reviews the case, potentially in its upcoming October to June term.
The Court's decision was in response to an earlier ruling by U.S. District Court Judge Matthew Kacsmaryk in Amarillo, Texas, which was viewed as preliminary while the case was ongoing. The recent judgement originated from a lawsuit filed by four anti-abortion groups led by the Alliance for Hippocratic Medicine, along with four anti-abortion doctors. Their argument centered on the FDA's alleged inadequacies in the approval process of mifepristone in 2000, especially concerning its safety for minors.
The recent judgment garnered varied reactions. Anti-abortion advocates like Erin Hawley of Alliance Defending Freedom celebrated the verdict, suggesting that the FDA's process was lax. On the other hand, Planned Parenthood Federation of America's president, Alexis McGill Johnson, warned of the FDA's compromised independence and mifepristone's threatened status. GenBioPro Inc, a generic version manufacturer of mifepristone, expressed concerns about external influences potentially affecting the FDA's decision-making authority.
The judicial panel comprised three conservative judges, known for their history of opposing abortion rights. While the majority agreed on reversing some of the FDA's recent decisions that made mifepristone more accessible, they stopped short of challenging the drug's initial 2000 approval. This decision comes amidst a shifting landscape for abortion rights in the U.S., with numerous states enacting stricter laws post the overturning of the Roe v. Wade ruling, and with over half of the abortions in the U.S. involving medication methods like mifepristone.
