A federal appeals court panel announced on Wednesday that it intends to place limitations on mifepristone, the abortion pill, that would prohibit its prescription through telemedicine or mail delivery. However, this decision, a development in an ongoing lawsuit brought by abortion opponents, will not take effect until it is reviewed and determined by the Supreme Court.
In a previous ruling, the Supreme Court stated that mifepristone should remain accessible under the current regulations until the appeals process concludes. The U.S. Court of Appeals for the Fifth Circuit, in its recent ruling, upheld a portion of a previous decision by federal judge Matthew J. Kacsmaryk in Texas. Judge Kacsmaryk’s decision invalidated the Food and Drug Administration’s approval of the pill that had been granted 23 years ago.
It’s important to note that while the appeals court ruling maintained the FDA’s approval for mifepristone, it also upheld the approval for the generic version of the drug, which is now predominantly used in medication abortions.
If the Supreme Court upholds the appeals court decision, the primary consequence would be a reversal of the FDA’s recent adjustments that allowed patients to obtain the pill without in-person visits to a healthcare professional. This would require patients to make three medical visits and eliminate the option of receiving the pills through mail delivery.
The accessibility of telemedicine and mail delivery for prescribed medication has significantly expanded the utilization of medication abortion, which currently accounts for over half of pregnancy terminations in the United States.
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