Abortion pill mifepristone can remain available but with restrictions, rules US appeals court

Nearly a week after a Texas federal judge halted approval of the abortion pill mifepristone, a federal appeals court has ruled that the pill will remain available in the country but with significant restrictions.

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The Fifth US Circuit Court of Appeals based in New Orleans passed the order late on Wednesday (April 12) and put on hold US District Judge Matthew Kacsmaryk's judgement passed last week wherein he said US Food and Drug Administration (FDA) had wrongly approved mifepristone 23 years ago.

While the pill will remain available for sale, the three-judge panel refused to block portions of Kacsmaryk's order that reinstated restrictions on the pill's distribution.

Restrictions reinstated

In 2016, the FDA relaxed norms making it easier for individuals to gain access to the pill. These included not requiring a prescription by the doctor, approving the pill for use up to 10 weeks into pregnancy instead of seven weeks and allowing the pill to be mailed to the individual instead of going to the health care provider in person and picking it up.

These restrictions have been reinstated now and the drug can only be used during the first seven weeks of the pregnancy and the patient will have to make three in-person doctor visits. The Department of Justice is highly likely to appeal the order in the Supreme Court.

The court in its judgement noted that too much time had passed sincemifepristone was first approved in 2000.However, it urged the plaintiffs to challenge the steps taken by FDA in 2016 that lifted the said restrictions.

ALSO READ | Texas federal judge halts US approval of abortion pill mifepristone

Texas judge decision

Last Friday (April 10), Kacsmaryk, a Trump-appointed federal judge ruled that the FDA exceeded its authority by ignoring the abortion pill's risks and relying on "plainly unsound reasoning" when approving it.

Four anti-abortion groups, headed by the Alliance for Hippocratic Medicine and four anti-abortion doctors, sued the FDA in November last year, contending the agency used improper process when it approved mifepristone back in 2000.

However, after the decision was passed, it received instant backlash with the Biden administration releasing a statement that it was prepared to contest the ruling.

“We are going to continue to fight in the courts. We believe the law is on our side and we will prevail," said White House Press Secretary Karine Jean-Pierre.

WATCH |Texas judge suspends approval of widely-used mifepristone drug

Earlier this week, almost 400 pharmaceutical executives signed a letter criticising the April 10 ruling. The decision ignores decades of scientific evidence and legal precedent, the letter said, adding Judge Kacsmaryk's act of judicial interference set a precedent for diminishing FDA's authority over drug approvals.

(With inputs from agencies)

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