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Federal Appeals Court Upholds Decision Limiting Access to Abortion Pill Mifepristone

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Key takeaways:

  • The US Court of Appeals for the 5th Circuit upheld parts of a decision limiting access to the abortion pill, mifepristone.
  • The FDA failed to take into account safety concerns when it loosened access to mifepristone in 2016.
  • The Supreme Court issued a stay while the case goes through the appeals process.

A federal appeals court has upheld parts of a decision limiting access to the widely used abortion pill, mifepristone. The ruling, issued by a three-judge panel from the U.S. Court of Appeals for the 5th Circuit, agreed with a lower court that the Food and Drug Administration’s moves since 2016 to relax the rules for mifepristone’s use should be reversed.

The panel held that the FDA failed to adequately take into account safety concerns when it loosened access to mifepristone in 2016. However, the panel declined to suspend the underlying approval of the medication, meaning the ruling will have no immediate impact on the availability of the drug.

The decision is a victory for abortion opponents, but the Justice Department is expected to appeal the decision. The Supreme Court earlier this year issued a stay while the case goes through the appeals process.

Mifepristone has been approved by the FDA since 2000 and is used to terminate pregnancies up to 10 weeks. It is one of the most commonly used abortion pills in the United States and is used by about one-third of women who seek abortions.

The ruling is the latest development in a long-running legal battle over the drug’s availability. The case is expected to continue to make its way through the courts, and the ultimate outcome could have far-reaching implications for the availability of mifepristone and other abortion pills.

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