A federal appeals court has temporarily blocked the mailing of the abortion pill mifepristone, requiring it to be dispensed only in person. The ruling by the U.S. Fifth Circuit Court of Appeals on May 1 restores in-person screening requirements for the medication, which had been lifted by the FDA in 2023 under the Biden administration. The decision comes amid ongoing litigation against the FDA, filed by the state of Louisiana, challenging the agency's removal of in-person requirements for dispensing mifepristone.
The court's ruling states that the FDA 'conceded it had failed to adequately study whether remotely prescribing mifepristone is safe.' The three-judge panel, including Judge Stuart Kyle Duncan, agreed with Louisiana's argument that the FDA's changes effectively nullified the state's ban on elective abortion. The ruling notes that 'every abortion facilitated by the FDA’s action cancels Louisiana’s ban on medical abortion and undermines its policy that every unborn child is a legal person.'
The FDA has stated it is conducting a new review of mifepristone's safety, but the court noted the agency could not provide a timeline for completion. The decision sets up a likely appeal to the Supreme Court, as the ruling has a nationwide effect, restricting access to one of the most common means of abortion in the U.S. Mifepristone is used in nearly two-thirds of the more than 1.1 million abortions annually.
The ruling has sparked debate over abortion access, with supporters of the decision arguing it protects patient safety and state authority, while critics warn it will make access harder even in states where abortion remains legal. The case was brought by Louisiana Attorney General Liz Murrill and the Christian legal advocacy group Alliance Defending Freedom, who argue that the FDA's changes undermine state laws prohibiting elective abortion.