A federal appeals court has ruled to ban the mailing of the prescription abortion drug mifepristone, reinstating an in-person dispensing requirement that had been relaxed under a 2023 FDA policy permitting telehealth prescriptions. The Fifth Circuit Court's unanimous decision is viewed as a significant setback for reproductive rights in the United States.
State attorneys contended that allowing mail delivery of mifepristone undermined state-level abortion bans, asserting that the drug should only be prescribed in person or through clinics. Circuit Judge Kyle Duncan emphasized this point, indicating that the ruling aimed to prevent out-of-state prescribers from circumventing local laws.
In response, Danco Laboratories, which manufactures mifepristone, has petitioned the Supreme Court to reinstate mail access. This case has the potential to become a landmark decision regarding abortion access, especially given the implications of the earlier Dobbs v. Jackson Women’s Health Organization ruling, which returned the authority to regulate abortion to individual states.
Medication abortions, which include mifepristone, accounted for 63% of abortions in states without total bans in 2023, with even higher percentages in certain rural areas. As such, mifepristone has become a focal point for anti-abortion advocates. The drug has been FDA-approved since 2000 and has consistently been upheld regarding safety and efficacy.
The Supreme Court's forthcoming decision may have wide-ranging effects on abortion access in various states, particularly in light of recent legal actions in states like Idaho, Kansas, and Missouri. Meanwhile, Democratic-led states have initiated protective measures for telehealth prescriptions in response to the changing landscape of abortion laws. The American Civil Liberties Union has criticized recent regulatory reviews as potential groundwork for further restrictions on mifepristone.