The 5th Circuit ruling impacts mifepristone, an abortion drug.
The Fate of the Abortion Pill: Court Ruling Restores Restrictions
The U.S. Court of Appeals for the 5th Circuit issued a long-awaited ruling on Wednesday regarding the controversial abortion pill, mifepristone. While the ruling would have restored several restrictions and revoked mail-order prescriptions of the medication, a stay order issued by the Supreme Court has put these changes on hold.
“There’s no immediate effect for the 5th circuit decision, but I do think it puts the FDA on notice as well as gives women a reason to maybe think twice about taking mifepristone, unsupervised [and] certainly through the mail,”
– Alliance Defending Freedom Senior Counsel Erin Hawley
Original Approval and Loosened Restrictions
The FDA initially approved mifepristone in 2000 under strict conditions, including the requirement of a physician examination, in-person administration, and a follow-up appointment. Physicians were also required to report any nonfatal adverse effects. However, in 2016, the FDA loosened these restrictions, extending the gestational age limit and allowing mail-order dispensing of the medication during the COVID-19 pandemic.
The Supreme Court’s Involvement
In April, the Supreme Court issued an emergency ruling blocking the enforcement of a ban on mifepristone after a U.S. District Judge suspended the FDA’s 2000 approval. The recent ruling by the 5th Circuit partially upholds the suspension of mail-order prescriptions but also reinstates the pre-2016 restrictions, including the seven-week gestational limit.
“The FDA’s unprecedented and unlawful actions did not reflect scientific judgment but rather revealed politically driven decisions to dangerous drug regimen without regard to women’s health, or the rule of law,”
– Erin Hawley
Sen. Bob Menendez criticized the ruling, calling it an “all-out assault on women’s reproductive healthcare.” Planned Parenthood also emphasized that the 5th Circuit’s ruling is not immediately applicable due to the Supreme Court’s emergency stay.
Reactions and Potential Challenges
Susan B. Anthony Pro-Life America celebrated the ruling as a victory for the anti-abortion movement. However, the Center for Reproductive Rights and NARAL expressed their intention to challenge the ruling at the Supreme Court level.
“This appeals court decision sets up a showdown at the Supreme Court over baseless attacks on medication abortion, which has been a lifeline since the high court reversed Roe last year,”
– Nancy Northup, President and CEO of the Center for Reproductive Rights
As for the Alliance for Hippocratic Medicine, they are currently assessing the decision and have not finalized any plans for an appeal.
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