A federal appeals court ruled that the abortion pill mifepristone can still be used for now but reduced the period when it can be used and stopped dispensation by mail. DOJ will appeal to the Supreme Court for an emergency order to lift those limitations.
In response Thursday, the Justice Department said it will ask the U.S. Supreme Court for an emergency order to put any action on hold.
In the 2-1 vote, the panel of judges put on hold changes made by the regulator since 2016 that relaxed the rules for prescribing and dispensing mifepristone. Those included extending the period of pregnancy when the drug can be used from seven weeks to 10, and also allowing it to be dispensed by mail, without any need to visit a doctor’s office.
The two judges who voted to tighten restrictions, Kurt Engelhardt and Andrew Oldham, are both appointees of former President Donald Trump. The third judge, Catharina Haynes, is an appointee of former President George W. Bush. She said she would have put the lower court ruling on hold entirely for now to allow oral arguments in the case.
When the drug was initially approved in 2000, the FDA limited its use to up to seven weeks of pregnancy. It also required three in-person office visits: the first to administer mifepristone, the next to administer the second drug misoprostol and the third to address any complications. It also required a doctor’s supervision and a reporting system for any serious consequences associated with the drug.
to limit how law enforcement and state officials collect medical records if they investigate women who flee their home states to seek abortions elsewhere.that condemned the Texas ruling and warned that FDA approval of other drugs could be at risk if U.S. District Judge Matthew Kacsmaryk’s decision stands.
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