Federal judges put hold on postal distribution of abortion medication

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A US appeals court on Friday temporarily halted mail delivery of mifepristone, the medication used in the majority of abortions in the United States, although a company distributing the drug said it would appeal the ruling in the Supreme Court.

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A three-judge panel of the 5th Circuit Court of Appeals delivered the order in a lawsuit brought by the southern state of Louisiana, which has some of the strictest anti-abortion laws in the country, against the Food and Drug Administration (FDA).

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The order by the conservative-dominated court requires women seeking abortions anywhere in the United States to obtain mifepristone in person from health clinics, and bans delivery by mail or through a pharmacy.

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Danco Laboratories, one of two companies distributing the drug in the United States, asked for a one-week pause on the appeals court order while it prepares to bring an emergency case to the US Supreme Court.

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“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,” according to a court filing.

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The appeals court overturned a lower court ruling that allowed mifepristone to continue to be delivered by mail while the FDA conducts a review of its regulations regarding the drug.

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Proponents of reviewing mifepristone’s safety have cited a study — which was not peer-reviewed and was published on a website, not in a scientific journal — conducted by a conservative think-tank.

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The FDA originally approved mifepristone in 2000. It is the most common method for abortion care in the United States and is also routinely used for managing early miscarriage.

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Mifepristone, which prevents pregnancy progression, and misoprostol, which empties the uterus, are approved to terminate a pregnancy up to 70 days of gestation in the United States.

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Louisiana Attorney General Liz Murrill welcomed the appeals court decision, calling it a “Victory for Life!”

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“The Biden abortion cartel facilitated the deaths of thousands of Louisiana babies (and millions in other states) through illegal mail-order abortion pills,” Murrill said. “Today, that nightmare is over.”

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– ‘Isn’t about science’ –

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Nancy Northup, president and CEO of the Center for Reproductive Rights, condemned the appeals court ruling.

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“This isn’t about science — it’s about making abortion as difficult, expensive, and unreachable as possible,” Northup said in a statement.

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In the court filing, Danco called the order “unprecedented,” adding that the appeal court’s decision would result in “immediate chaos” and confusion for pharmacies and patients.

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Julia Kaye, an attorney with the American Civil Liberties Union (ACLU), said “anti-abortion politicians have just made it much harder for people everywhere in the country to get a medication that abortion and miscarriage patients have been safely using for more than 25 years.”

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Some 20 states have banned or restricted abortion since the Supreme Court in June 2022 overturned the landmark Roe v. Wade ruling that enshrined the constitutional right to abortion for half a century.

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Polls show a majority of Americans support continued access to safe abortion, even as conservative groups push to limit the procedure or ban it outright.

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In 2024, the US Supreme Court rejected a bid to restrict mifepristone, ruling that anti-abortion groups and doctors challenging the medication lacked the legal standing to bring the case.

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AFP

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