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A federal appeals court ruling restricts access to the abortion pill mifepristone, at least for now. In a unanimous ruling Friday, the U.S. Court of Appeals for the 5th Circuit blocked the mailing of mifepristone prescriptions. That means patients will be required to see a provider in person, rather than through a telehealth appointment. The ruling is likely to be appealed to the U.S. Supreme Court, but Friday’s decision is expected to remain in effect across the country pending next steps in the legal battle.The three-judge panel based in New Orleans sided with the state of Louisiana in its lawsuit against the Food and Drug Administration.“Every abortion facilitated by FDA’s action cancels Louisiana’s ban on medical abortions and undermines its policy that ‘every unborn child is human being from the moment of conception and is, therefore, a legal person,’” the ruling said. Advocates for abortion access argue that the in-person dispensing requirement is outdated and unnecessary. “This is yet another attack on abortion that is rooted in politics, not science. The impact of restricting access to mifepristone means that it will be harder for everyone, everywhere to get an abortion,” said Planned Parenthood Action Fund President and CEO Alexis McGill Johnson in a statement.Surveys suggest that a majority of abortions in the United States are provided via pill, with about 1 in 4 nationally prescribed via telehealth. Telehealth has allowed women to continue obtaining abortions, even in states that have significant restrictions on the procedure. The practice of prescribing the pill through telehealth was first authorized by the Food and Drug Administration during the COVID-19 pandemic in 2021, but the in-person dispensing requirement was made permanent in 2023 under the Biden administration. Friday’s decision, at least temporarily, overrules that FDA regulation. The White House did not immediately comment, but under the Trump administration, the FDA has said that it’s conducting a new review of mifepristone’s safety. The FDA approved mifepristone in 2000, deeming it a safe and effective way to end early pregnancies, but anti-abortion advocates contest that conclusion. Mifepristone is typically used in combination with a second drug, misoprostol. If mifepristone access were to be severely limited, some abortion providers may prescribe only misoprostol, which is considered slightly less effective on its own. In 2024, the Supreme Court unanimously preserved access to mifepristone, two years after the conservative majority struck down nationwide abortion protections and paved the way for state-level bans.However, the 2024 decision sidestepped the central question of the case. The justices found that the anti-abortion doctors who brought the lawsuit did not have standing.
A federal appeals court ruling restricts access to the abortion pill mifepristone, at least for now.
In a unanimous ruling Friday, the U.S. Court of Appeals for the 5th Circuit blocked the mailing of mifepristone prescriptions. That means patients will be required to see a provider in person, rather than through a telehealth appointment.
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The ruling is likely to be appealed to the U.S. Supreme Court, but Friday’s decision is expected to remain in effect across the country pending next steps in the legal battle.
The three-judge panel based in New Orleans sided with the state of Louisiana in its lawsuit against the Food and Drug Administration.
“Every abortion facilitated by FDA’s action cancels Louisiana’s ban on medical abortions and undermines its policy that ‘every unborn child is human being from the moment of conception and is, therefore, a legal person,’” the ruling said.
Advocates for abortion access argue that the in-person dispensing requirement is outdated and unnecessary.
“This is yet another attack on abortion that is rooted in politics, not science. The impact of restricting access to mifepristone means that it will be harder for everyone, everywhere to get an abortion,” said Planned Parenthood Action Fund President and CEO Alexis McGill Johnson in a statement.
Surveys suggest that a majority of abortions in the United States are provided via pill, with about 1 in 4 nationally prescribed via telehealth. Telehealth has allowed women to continue obtaining abortions, even in states that have significant restrictions on the procedure.
The practice of prescribing the pill through telehealth was first authorized by the Food and Drug Administration during the COVID-19 pandemic in 2021, but the in-person dispensing requirement was made permanent in 2023 under the Biden administration.
Friday’s decision, at least temporarily, overrules that FDA regulation. The White House did not immediately comment, but under the Trump administration, the FDA has said that it’s conducting a new review of mifepristone’s safety.
The FDA approved mifepristone in 2000, deeming it a safe and effective way to end early pregnancies, but anti-abortion advocates contest that conclusion.
Mifepristone is typically used in combination with a second drug, misoprostol. If mifepristone access were to be severely limited, some abortion providers may prescribe only misoprostol, which is considered slightly less effective on its own.
In 2024, the Supreme Court unanimously preserved access to mifepristone, two years after the conservative majority struck down nationwide abortion protections and paved the way for state-level bans.
However, the 2024 decision sidestepped the central question of the case. The justices found that the anti-abortion doctors who brought the lawsuit did not have standing.
