A United States appeals court has temporarily blocked the delivery of the abortion pill mifepristone by mail, a decision that could profoundly affect access to abortion services nationwide.
The ruling, issued by a three-judge panel of the 5th Circuit Court of Appeals, stems from a lawsuit filed by the state of Louisiana against the Food and Drug Administration (FDA). Under the new order, patients must now obtain the medication in person from clinics, effectively prohibiting its distribution through mail or pharmacies.
Danco Laboratories, one of the manufacturers of the drug, has requested a temporary pause on the ruling as it prepares to appeal to the United States Supreme Court. In a court filing, Danco stated, “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 appeals court decision overturned a lower court ruling that had permitted continued mail distribution of the drug while the FDA reviewed its regulations. Mifepristone, approved by the FDA in 2000, is commonly used in combination with another drug to terminate early pregnancies and manage miscarriages.
Louisiana Attorney General Liz Murrill praised the ruling, calling it a significant victory. “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 condemned the decision. Nancy Northup, president of the Center for Reproductive Rights, said, “This isn’t about science, it’s about making abortion as difficult, expensive, and unreachable as possible.”
Danco described the ruling as “unprecedented,” warning that it could create “immediate chaos” for patients and pharmacies. Julia Kaye of the American Civil Liberties Union added that the decision would hinder access to a medication that has been safely used 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.
