Fifth Circuit Court of Appeals ruling limits the window for abortion seekers to take the drug
Last week, the Fifth Circuit Court of Appeals released an opinion that, if allowed to go into effect, would make it much more difficult to legally obtain and use Mifepristone to end a pregnancy. The Supreme Court will likely review this case on appeal sometime in 2024 or 2025, but until then Mifepristone remains available.
Judge Elrod, who wrote for the three-judge panel that heard oral arguments in New Orleans earlier this year, ruled to reinstate restrictions of mifepristone making the drug significantly harder to access. If allowed to go into effect, this decision would affect the entire country. The ruling would prohibit the use of Mifepristone after seven weeks, as opposed to the current 10 week cut-off. It would also eliminate access to the drug via online ordering, mail delivery, or pharmacy distribution. Restricting these methods of access will have a particularly harsh effect on people in rural areas and healthcare deserts who rely on telemedicine for their healthcare needs because there are no available physicians.
This opinion, written by a Judge with no medical expertise, would overturn and roll back years of FDA regulations supported by rigorous research. Mifepristone has a decades-long history of safe and effective use, and has long been the gold standard in both elective abortion care as well as miscarriage management. Restricting access not only limits the ability of people across the country to choose to end a pregnancy, but it also undermines the quality of pregnancy care across the board.
We are disappointed but not surprised with this decision, and given the makeup of the Fifth Circuit we are bleakly relieved that it wasn't as bad as it could have been. As it stands now and until the Supreme Court reviews the case, access to mifepristone remains unchanged.
Regardless of these court decisions, Lift's team of experts are prepared to explain to the public what has happened, what they can expect, and how to prepare for what comes next.
PLEASE NOTE: Despite access to Mifepristone being preserved until SCOTUS reviews this case, Louisiana’s abortion ban is still in effect, and access is severely restricted across the state.