Appeals Court Grants Temporary Reprieve to Access to Abortion Pill Mifepristone

A federal appeals court has granted a temporary reprieve to access to the abortion pill mifepristone, but with tighter rules than before. The 5th U.S. Circuit Court of Appeals granted the Justice Department’s emergency request to put on hold part of a ruling issued last week by a Trump-appointed judge that would have completely blocked the FDA’s approval of the drug.

The panel determined that the agency’s finding in 2021 that mifepristone can be distributed by mail can be put on hold, but the changes the FDA made to the drug’s approved use in 2016 can go into effect. The drug was initially approved for use by the FDA more than two decades ago.

Under the appeals court order, the FDA’s initial approval of mifepristone will remain in place, but the drug can only be dispensed up to seven weeks, not 10, and not by mail. The ruling leaves considerable uncertainty over access to the drug, but it does provide a temporary reprieve for those seeking access to the abortion pill.

The Justice Department had argued that the lower court judge’s ruling would have caused “irreparable harm” to women seeking the drug, and that the FDA’s approval of the drug should remain in place. The appeals court agreed, and the ruling will remain in effect until the full case is heard.

The appeals court ruling provides a temporary solution to the issue of access to the abortion pill, but the full case is still pending. Until a final decision is made, the FDA’s initial approval of mifepristone will remain in place, but with tighter rules than before.