Access to the widely used abortion-inducing drug Mifepristone will be up for debate again on Wednesday in a federal appeals court in New Orleans – the latest move in a case questioning the Food and Drug Administration’s long-standing approval of the medication.
The case is set to be back in the Supreme Court, which already intervened in legal proceedings after the Biden Administration and the one of the manufacturers of the drug, Danco Laboratories called on the Court to intercede.
The three judge panel of the Fifth Circuit Court of Appeals that will be hearing oral arguments today includes two Trump appointees, James Ho and Cory Wilson, and George W. Bush appointee, Jennifer Walker Elrod – all of which are known for supporting abortion restrictions.
This debate started back in November, when abortion opponents filed a lawsuit in a federal court in Amarillo and U.S. District Judge Matthew J. Kacsmaryk issued a ruling that would’ve revoked the FDA’s approval of Mifepristone.
However, this ruling was reversed by an appellate panel which issued the first stay on Kacsmaryk’s decision leaving the drug on the market – but did put back in place past restrictions on the access to this medication.
This included the ability to take the drug 10 weeks into pregnancy instead of seven, reinforced the requirement of needing a doctor’s visit to obtain the pill and made it unavailable by mail-order.
The Supreme Court then issued a hold on this lower court ruling pending appeals – leaving access to Mifepristone as it was for at least the next year.
The future status of this abortion-inducing pill hangs in the balance, amid at least 15 states that have either heavily restricted or made all abortion illegal since the Supreme Court’s decision to overturn Roe V. Wade.
If Mifepristone were to become unavailable, health officials say it’s partnering pill Misoprostol – the second-used in the two-step pill process – could be used alone, however it is not as effective in terminating pregnancies.