A US appeals court ruled on Wednesday to limit access to the abortion pill mifepristone, returning to regulations that were in place in several years ago, but will not be taking the medication off the market.
The US court of appeals for the fifth circuit decided that the Food and Drug Administration’s (FDA) previous regulations for mifepristone were unlawful, Reuters reported. The FDA had ruled that the abortion pill could be taken at a later stage in pregnancy (70 days into pregnancy versus 49 days), shipped via mail, and could be prescribed from medical professionals who are not doctors.
This latest ruling does not order the pill to be taken off the market, compared to a preliminary ruling that suspended the drug’s FDA approval. But the decision does eliminate the ability to obtain the abortion pill online or through other methods of sale that were approved post 2016.
“This means that, until final judgment, Mifeprex will remain available to the public under the conditions for use that existed in 2016,” the court said, referring to the abortion medication’s brand name.
Mifepristone, along with the pill misoprostol, is medication used for abortions procedures. The pill is used in more than half of US abortions and is approved for use in the first 10 weeks of pregnancy, the Washington Post reported.
The ruling will not have an immediate impact on mifepristone, with the medication remaining available under current regulations.
The challenge against the abortion pill began in November when a case was brought against the FDA by Alliance for Hippocratic Medicine, a group of anti-abortion medical practitioners.
In a lawsuit filed in Amarillo, Texas, the Alliance for Hippocratic Medicine, a Catholic faith organization, argued that the FDA had ignored safety concerns regarding minors when it approved mifepristone and overstepped its regulatory authority. The FDA sharply defended its approval of the medication, noting rigorous safety reviews of the pill.
In April, a Texas federal judge ruled with the Alliance for Hippocratic Medicine and issued an injunction for the abortion medication, revoking decades-old FDA approval of mifepristone.
The availability of mifepristone was protected via an emergency order from the supreme court in April that maintains the pill’s availability during the appeals process.
The most recent decision will likely be appealed to the supreme court for review. The continued legal battle over mifepristone is one of the most significant abortion rights cases since the overturn of Roe v Wade last June.
Since the overturning of Roe v Wade, an increasing number of states have attempted to restrict access to mifepristone.
Republican lawmakers have also attempted to curtail access to the medication on the federal level. In July, a Republican-supported spending bill included several provisions that would stop access to the pill via the mail nationwide and would curtail abortion rights.
At least 20 states have also issued total or near-total bans on abortions.
