A Right-Wing Court Just Moved to Choke Off Abortion by Mail
A conservative federal appeals court has reinstated an in-person dispensing requirement for mifepristone, a key abortion medication, blocking telemedicine providers from mailing the drug across state lines. The Fifth Circuit Court of Appeals ruled in favor of Louisiana, which argued the FDA's 2023 rule change undermined its abortion laws and burdened its healthcare system. The decision may severely limit access to medication abortion, especially in states with strict abortion bans, though it does not affect the second drug, misoprostol.
- ▪The Fifth US Circuit Court of Appeals issued a 3-0 ruling reinstating an in-person dispensing requirement for mifepristone.
- ▪Louisiana argued the FDA's 2023 telemedicine rule change undermined its abortion laws and led to Medicaid spending on emergency care.
- ▪Judge Stuart Kyle Duncan, appointed by President Donald Trump, wrote the opinion supporting Louisiana's position.
- ▪The ruling does not apply to misoprostol, the second medication used in medication abortions.
- ▪The Supreme Court previously avoided ruling on the legality of the FDA's rule changes due to lack of standing in a similar case.
Opening excerpt (first ~120 words) tap to expand
freestar.config.enabled_slots.push({ placementName: "motherjones_right_rail_1", slotId: "ROS_ATF_300x600" }); Mother Jones illustration; Soumyabrata Roy/NurPhoto/Getty Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily. A federal appeals court packed with conservatives has handed abortion opponents a major victory against the US Food and Drug Administration, effectively reinstating an in-person dispensing requirement for the abortion medication mifepristone and likely shutting down telemedicine providers from prescribing the abortion pill across the US.
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