Mifepristone Abortion Drug to Remain Available With Restrictions

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The U.S. Department of Justice responded Thursday to a ruling that limits access to the abortion pill mifepristone and said it would ask the Supreme Court for an emergency order to put any restrictions on hold.

After conflicting rulings by various courts on mifepristone, a pill that induces abortion and is the most commonly used method in the United States, a federal appeals court ruled Wednesday that it could be used for now but with some restrictions. They include reducing the period of time when the drug can be taken and prohibiting it from being mailed.

Mifepristone has been approved by the Food and Drug Administration for 23 years. Last week, Matthew Kacsmaryk, a U.S. district judge in Texas, reversed approval of the pill’s use following a lawsuit by opponents of abortion.

Less than an hour later, a judge in Washington state ordered the FDA to preserve access to the drug in 17 states and the District of Columbia.

In response, the New Orleans-based U.S. Court of Appeals for the Fifth Circuit voted late Wednesday to temporarily narrow the ruling by Kacsmaryk.

In a 2-1 vote, the judges on the appeals court put on hold changes made by the FDA in 2016 and 2021 that relaxed the rules for prescribing and dispensing mifepristone. The relaxed rules included allowing the pill to be sent through the mail, lifting a requirement for three in-person doctor visits, and approving the drug’s use for up to 10 weeks into a pregnancy, rather than seven weeks.

Preventing the pill from being sent by mail reduces abortion access. The reversal of Roe vs. Wade less than a year ago has resulted in more than a dozen states banning abortion outright. Roe vs. Wade was the case that recognized a constitutional right to abortion.