A federal appeals court ruled on Wednesday (12) that the abortion pill Mifepristone can remain available, overturning a decision by Texas Judge Matthew J. Kacsmaryk, who last week ordered a ban on the medication starting Friday, April 14. However, the appeals court imposed some restrictions on the use and distribution of the drug, which will remain in effect while the case is debated in court.
In its order, the appeals panel stated that too much time has passed (over 20 years) since the approval of Mifepristone by the Foods and Drugs Administration (FDA) for this order to be revoked out of nowhere. The judges accepted the federal government’s argument that its abrupt removal from the market would have “significant public consequences.”
However, the appeals court did not find it too late to contest a series of measures the FDA took starting in 2016, when it eased access to the pill, reverting to the stricter regime that existed before 2016. This means that the medication can no longer be mailed to patients, who will have to receive it at a clinic or authorized provider. Additionally, the pre-2016 policy also affects the instructions on the drug’s label, shortening the window for obtaining the pill to seven weeks of pregnancy instead of 10.
The Department of Justice is likely to appeal the order to the Supreme Court.