A federal appeals court has determined that the abortion drug mifepristone will remain available in the country, but with major limits, nearly a week after a Texas federal judge suspended clearance. The Fifth US Circuit Court of Appeals in New Orleans issued the ruling late on Wednesday (April 12), putting on hold US District Judge Matthew Kacsmaryk’s decision from last week, in which he said the US Food and Drug Administration (FDA) wrongfully approved mifepristone 23 years ago.
While the drug will continue to be accessible for purchase, the three-judge court refused to overturn provisions of Kacsmaryk’s judgment that reinstated distribution limits on the medication.
Restrictions have been reintroduced
The FDA made it simpler for people to obtain the pill in 2016 by loosening its regulations. This included eliminating the need for a doctor’s prescription, authorizing the pill’s use for up to ten weeks into pregnancy instead of seven, and allowing it to be delivered directly to the patient rather than requiring them to go in person to a healthcare provider to pick it up.
However, currently, the pill can only be used within the first seven weeks of pregnancy, and the patient must attend three in-person appointments with a doctor. The Department of Justice is expected to challenge the decision in the Supreme Court.
The judge’s ruling stated that too much time had passed since mifepristone was initially approved in 2000, but encouraged the plaintiffs to challenge the FDA’s 2016 decision to remove the restrictions.
Texas judge’s ruling
Recently, a federal judge appointed by Trump, Kacsmaryk, declared that the FDA overstepped its bounds by neglecting the dangers of the abortion pill and relying on faulty reasoning when granting approval.
In November of last year, four anti-abortion groups led by the Alliance for Hippocratic Medicine and four anti-abortion doctors sued the FDA, alleging that the agency used improper procedures when approving mifepristone in 2000.
However, the ruling faced immediate criticism after it was issued, and the Biden administration issued a statement indicating that it was ready to challenge the decision.
“We are going to continue to fight in the courts. We believe the law is on our side and we will prevail,” said White House Press Secretary Karine Jean-Pierre.
A letter signed by nearly 400 pharmaceutical executives was published earlier this week, denouncing the April 10th ruling. The executives argued that the decision disregards years of scientific research and legal precedent and that Judge Kacsmaryk’s interference creates a dangerous precedent for undermining the FDA’s power to approve drugs.