Federal appeals court considers restrictions on key abortion drug mifepristone

A panel of federal judges heard arguments Wednesday over whether to tighten prescribing rules for mifepristone, a drug used in the most common abortion method in the United States, according to court records.

The case before the New Orleans-based 5th U.S. Circuit Court of Appeals is part of a broader legal effort by abortion opponents to restrict access to medication abortions. Several states have challenged the FDA’s current rules, which allow prescribing mifepristone via telehealth and mail delivery.

Attorneys for the Food and Drug Administration and manufacturers argued that Louisiana lacks standing to sue. Louisiana officials countered that the state is impacted because women seeking treatment for complications may seek care within the state, and many have Medicaid coverage. The judges included two nominated by Democratic presidents and one by a Republican president.

Previous rulings by other circuit panels and district courts found the prescribing rules too loose, but the Supreme Court has paused changes until it reviews the case. A separate lawsuit by several GOP-led states also challenges the FDA’s rules, with some states pursuing criminal and civil cases against out-of-state providers.

Abortion methods have evolved since the Supreme Court overturned Roe v. Wade in 2022. Currently, 13 states ban abortion at all stages, while others restrict it early in pregnancy. Opponents argue that shield laws and mailing restrictions have undermined these bans, but advocates warn that restrictions could limit access nationwide.

The FDA says it is reviewing the safety and prescribing rules for mifepristone, and a court ordered the agency to provide a status update by Oct. 7, ahead of the midterm elections. Despite legal challenges, providers say they will likely shift to using misoprostol alone if mifepristone becomes less accessible.

Source: Original Article