A federal appeals court has upheld access to mifepristone, a medication used for abortions, despite an attempt by anti-abortion groups to ban it.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled by a 2-1 vote on Wednesday that the drug would still be allowed but under tighter rules, limiting its use to seven weeks and not by mail. This decision has temporarily narrowed the ruling of a lower court in Texas, which had completely blocked the FDA's approval of the drug following a lawsuit by mifepristone's opponents.
The Appeal Court's Decision
Reuters reported that the 5th U.S. Circuit Court of Appeals' decision comes after a lawsuit brought by the Alliance Defending Freedom, which had challenged mifepristone's approval.
The group had alleged that the FDA's initial approval of the medication was flawed due to an inadequate review of its safety risks. However, medical groups have pointed out that complications from mifepristone occur at a lower rate than problems in routine procedures such as wisdom teeth removal and colonoscopies.
The recent decision allows the FDA's endorsement of mifepristone to stay effective for the time being. However, the drug will only be allowed for up to seven weeks and cannot be prescribed through the mail.
As reported by CBS, the panel of three judges was composed of one appointee of former President George W. Bush, Catharina Haynes, and two appointees of former President Donald Trump, Andrew Oldham, and Kurt Engelhard.
Although the 5th U.S. Circuit Court of Appeals made a decision, the ruling could still be appealed to the U.S. Supreme Court.
Meanwhile, leaders of the Democratic Party in states where abortion has remained lawful since the Roe v. Wade decision was overturned are taking measures to be ready in case mifepristone is subjected to further limitations.
Pharmaceutical executives have also signed a letter condemning the Texas ruling and warning that FDA approval of other drugs could be at risk if U.S. District Judge Matthew Kacsmaryk's decision stands. The ruling of Judge Kacsmaryk had put a halt on mifepristone's approval for abortions.
Medication Abortions
Medication abortions, which use a combination of Mifepristone and Misoprostol, have become increasingly crucial to abortion access, especially after the Supreme Court's decision on Roe v. Wade in June.
According to Forbes, the pro-abortion rights Guttmacher Institute reveals that medication abortions accounted for 53% of all abortions in the US in 2020, with over 98% of those done using both Mifepristone and Misoprostol.
The FDA has made some changes to the rules surrounding mifepristone since its initial approval in 2000. This includes approving a generic version in 2019 and lifting the requirement that pills be dispensed in-person in 2021, allowing the drug to be prescribed through telemedicine appointments and sent by mail.
The Biden administration has expressed concerns over the impact of Judge Kacsmaryk's ruling, stating that it will irreparably harm healthcare systems, patients, and businesses.
The recent decision of the appeals court will temporarily allow continued access to mifepristone, but it remains to be seen whether the Supreme Court will uphold this decision or impose further restrictions.
The decision by the 5th U.S. Circuit Court of Appeals to uphold access to mifepristone is a significant victory for abortion rights advocates who have been fighting to maintain access to safe and effective medication abortions. However, the battle over abortion access is far from over.
Anti-abortion groups are expected to continue their efforts to restrict access to mifepristone and other abortion medications, and the issue could ultimately end up before the U.S. Supreme Court.
In the meantime, supporters of reproductive rights are celebrating the appeals court's decision as a critical win for women's health and autonomy.
