Appeals court ruling restricting access to mifepristone heads to Supreme Court

Photo: Anna Moneymaker/Getty Images

Health and Human Services Secretary Xavier Becerra and providers are speaking out against the Fifth Circuit's ruling restricting access to the abortion pill mifepristone. The case is reportedly heading to the Supreme Court.

The ruling will not take effect until the Supreme Court reviews it, which could occur in its upcoming term from October to June, according to Reuters. A spokesperson for the U.S. Department of Justice told Reuters that the Biden administration will appeal the ruling to the U.S. Supreme Court.

A lower court ruling in Texas ordered the drug pulled off the market. On Wednesday, the three-judge panel for U.S. Court of Appeals for the 5th Circuit did not go that far, but ruled to restrict access to the abortion medication, including through a ban on telemedicine prescriptions and shipments by mail. 

The original lawsuit, brought by four anti-abortion groups, contend the Food and Drug Administration used an improper process when it approved mifepristone in 2000 and did not adequately consider the drug's safety when used by minors, according to Reuters.

WHY THIS MATTERS

Becerra and providers voiced strong objections to the ruling.

"Today's decision undermines our nation's entire system of drug approval by overriding the scientific, evidence-based decision-making of the FDA," Becerra said. "This decision threatens Americans' right to access the medications they need and, if it stands, would have a devastating impact on women's health by restricting their access to reproductive healthcare. The most important thing to know is that mifepristone remains approved and available while we fight this decision in the courts."

Dr. Jack Resneck Jr., immediate past president of the American Medical Association, said, "Today's decision by the Fifth Circuit Court of Appeals continues to signal a move in the wrong direction on access to mifepristone, potentially eliminating the ability to prescribe and dispense mifepristone via telemedicine and reinstating barriers to access that lack scientific evidence. 

"Research shows an association between restricted access to safe and legal abortion and higher rates of maternal morbidity and mortality, with already vulnerable populations experiencing the greatest burden."

Dr. Kristyn Brandi, OB/GYN in New Jersey and board chair of Physicians for Reproductive Health, said, "The most important thing for people and their healthcare providers to know is nothing changes today."

Nicole Regalado, vice president of Campaigns, a gender justice advocacy organization, issued the following statement: "If the Supreme Court refuses to take this case, or affirms the 5th Circuit's decision, it will severely restrict access to mifepristone nationwide."

THE LARGER TREND

Mifepristone gained approval by the U.S. Food and Drug Administration in 2000.

It is used for both termination of pregnancy and for medical management of miscarriage.

The FDA allowed mifepristone to be taken after six weeks of pregnancy, mailed directly to patients and prescribed by a medical professional other than a doctor. In January, the FDA loosened restrictions for the abortion pill by allowing retail pharmacies to dispense it. 

All of these have faced objections from anti-abortion advocates and are part of the larger battle since the Supreme Court last year overturned federal abortion rights in Roe v. Wade and in the case of Dobbs v. Jackson Women's Health Organization. 

Twitter: @SusanJMorse
Email the writer: SMorse@himss.org