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A US appeals court has temporarily halted the delivery of the abortion pill mifepristone by mail, a move that could significantly impact access to abortion services across the country.
The ruling was issued by a three-judge panel of the 5th Circuit Court of Appeals in a case brought by the state of Louisiana against the Food and Drug Administration. Under the order, patients must now obtain the medication in person from clinics, effectively banning its distribution via mail or pharmacies.
Danco Laboratories, one of the companies that produces the drug, has asked for a temporary pause on the ruling as it prepares to challenge the decision at the US Supreme Court. “Danco requests a temporary administrative stay of the Panel’s Order for one week… to allow Danco time in which to seek relief in the United States Supreme Court,” the company said in a court filing.
The appeals court decision overturned a lower court ruling that had allowed continued mail distribution of the drug while the FDA reviewed its regulations. mifepristone, approved by the FDA in 2000, is widely used in combination with another drug to terminate early pregnancies and manage miscarriages.
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Louisiana Attorney General Liz Murrill welcomed the ruling, describing it as a major win. “The Biden abortion cartel facilitated the deaths of thousands of Louisiana babies (and millions in other states) through illegal mail-order abortion pills,” she said. “Today, that nightmare is over.”
However, reproductive rights advocates strongly criticised the decision. “This isn’t about science, it’s about making abortion as difficult, expensive, and unreachable as possible,” said Nancy Northup, president of the Center for Reproductive Rights.
Danco described the ruling as “unprecedented,” warning it could lead to “immediate chaos” for patients and pharmacies.
Julia Kaye of the American Civil Liberties Union added that the decision would make it harder for people to access a medication that has been used safely for decades. The ruling comes amid ongoing legal battles over abortion access in the United States following the 2022 overturning of Roe v. Wade, which ended federal protections for abortion rights.