US court restricts mail-order access to abortion pill mifepristone

The Fifth Circuit Court of Appeals has temporarily reinstated a requirement that abortion pills, specifically mifepristone, must be obtained in person rather than by mail or telemedicine.

This decision significantly limits access to the abortion pill in states where abortion is banned.

The ruling stems from a lawsuit filed by the state of Louisiana and pauses a 2023 Food and Drug Administration (FDA) regulation that allowed doctors to send mifepristone without an in-person consultation.

The court stated that the FDA's previous action undermined Louisiana's policy that every unborn child is a legal person from conception.

Mifepristone is the first of a two-pill regimen recommended by the FDA to terminate pregnancies and is widely available in states where abortion remains legal.

The FDA initially expanded access to mail delivery of the drug in April 2021 during the Covid-19 pandemic and permanently lifted the in-person dispensing requirement in 2023.

This ruling comes after the US Supreme Court in 2024 unanimously rejected efforts to restrict access to mifepristone, although it left room for other legal challenges.

The appellate court's decision overrides a lower court ruling that had paused the case pending an FDA review.

Louisiana's Attorney General praised the decision, emphasizing the state's commitment to defending its abortion ban.

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