Court invalidates FDA approval of mail-order abortion pills.

Access to the Abortion Pill Must Be Restricted, ⁣U.S. Appeals Court Rules

The New Orleans-based 5th⁣ U.S. Circuit Court of Appeals has ruled that access to‍ the abortion pill mifepristone must⁢ be restricted. The court ordered a ban on telemedicine prescriptions and shipments of ⁤the drug by ‍mail.​ However, the decision will not ‍immediately take effect.

The court stopped short of completely⁣ pulling ⁣the drug off the market, as a lower court had previously done.

The Biden administration plans to appeal the ruling to the U.S. Supreme‍ Court. President Joe Biden, ​a Democrat, supports abortion rights and has previously ordered the expansion‌ of‌ access to mifepristone.

The ruling will only‌ take effect after the Supreme Court reviews it,‍ which could ​happen in ‍the upcoming term from October to ⁢June.

Background of the⁢ Ruling

The ruling stems from a ‌lawsuit brought by ⁢four anti-abortion groups and four anti-abortion doctors. They argue ‍that​ the ‍FDA improperly approved mifepristone in 2000‌ and‍ did not adequately consider its safety ⁤when‌ used by minors.

The 5th Circuit ‍panel‌ reviewed an order by U.S. District Court‍ Judge Matthew Kacsmaryk in Amarillo, Texas. ‌While ‍it was a ‌preliminary ruling, Kacsmaryk ⁤indicated that he was likely to make it permanent.

Reactions to the‍ Ruling

Erin Hawley of Alliance Defending Freedom, a lawyer ⁣for ⁣the anti-abortion ⁤groups challenging the‌ pill’s approval, stated, “The 5th‍ Circuit rightly required the FDA ⁣to do its job​ and ⁣restore crucial safeguards for women⁢ and girls, including ending⁢ illegal mail-order ⁣abortions.”

Susan B. Anthony Pro-Life⁣ America also criticized the​ FDA, stating that it had⁢ been⁢ “reckless.”

Alexis McGill Johnson, president of abortion rights group Planned⁤ Parenthood Federation of America, expressed concern over the decision, saying that it puts mifepristone’s approval and the FDA’s‍ independence at risk.

GenBioPro ⁤Inc, a company that sells a‍ generic version of mifepristone, voiced its concerns about attempts to undermine science and access to evidence-based medication‌ through court challenges.

Conservative Judges and FDA Actions

All three judges on the panel are staunchly conservative and have a history of opposing abortion rights. ​While one ​judge wanted to pull ‌mifepristone⁢ off the market, the other two‌ judges stated that the lawsuit⁢ was filed too⁣ late to challenge the drug’s original approval.

The majority of the panel rolled back⁢ FDA actions that ‌had ⁤made the drug more ⁤accessible in recent years. These actions ​included⁤ allowing​ telemedicine prescriptions and mail shipments, as well as extending the usage period to 10 weeks of pregnancy.

Circuit Judge Jennifer Walker Elrod, in the majority opinion, ‍stated‌ that these⁤ changes were made without sufficient consideration of their ⁤effects on patients.

Impact and Opposition

Since the U.S. Supreme⁤ Court overturned ​the Roe v.⁤ Wade ruling, at least 15 states have outright banned abortion, and many others ‌have imposed restrictions ⁢based on the ‍length of pregnancy.

Mifepristone is ‌a crucial ⁣part of​ medication abortions, which account for over half of all abortions in the U.S. Numerous studies and real-world use have ⁣shown that the drug ‌is safe and effective.

Major medical associations, including the American College of Obstetricians and⁣ Gynecologists and the American Medical Association, have warned ⁤that pulling mifepristone off the market would harm patients by forcing them to undergo ⁣more invasive surgical abortions.

(Reporting By Brendan Pierson in ​New York; Additional reporting by Patrick Wingrove in⁢ New York, Nate Raymond⁢ in‌ Boston, Sharon Bernstein in Sacramento, California and Trevor Hunnicutt in Washington; Editing by Cynthia Osterman)