Federal appellate panel blocks part of expansive abortion pill ban, allows some restrictions to take effect
A three-judge panel of the conservative U.S. 5th Circuit Court of Appeals ruled late Wednesday that the abortion medication mifepristone will remain on the market while the Justice Department appeals a decision by a federal judge in Texas that would have withdrawn FDA approval for the drug entirely. The FDA gave mifepristone the green light in 2000, and the appellate judges agreed that the six-year statute of limitations prevented overturning the original authorization.
But in the 2-1 decision, the panel said the easing of restrictions the FDA and Biden administration have enacted since 2016 will remain blocked under U.S District Judge Matthew Kacsmaryk's sweeping ruling. That means mifepristone can only be prescribed by a doctor, must be used only up to seven weeks of pregnancy instead of 10, entails three in-person doctors' visits, and cannot be dispensed through the mail, among other limits.
The two judges in the majority, Kurt Engelhardt and Andrew Oldham, were, like Kacsmaryk, nominated by former President Donald Trump. Judge Catharina Haynes, a George W. Bush appointee, would have put Kacsmaryk's entire ruling on hold.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"Mifepristone has been used by millions of women over the past 23 years, and complications from mifepristone occur at a lower rate than problems in wisdom teeth removal, colonoscopies, and other routine procedures," The Associated Press reports, citing major medical organizations. The combination of mifepristone and misoprostol is the most common method of abortion in the U.S., and has become more widely used since the Supreme Court struck down Roe v. Wade last summer.
The Justice Department has asked a federal judge in Washington State to explain how his dueling ruling, barring the FDA from changing its rules on mifepristone in 17 states and Washington, D.C., fits in with Kacsmaryk's ruling. The Biden administration and the anti-abortion group that persuaded Kacsmaryk to overrule the FDA can both appeal to the Supreme Court, one to strike down the entire ruling and the other to uphold all of it. White House Press Secretary Karine Jean-Pierre said early Thursday that the Biden administration will "continue to fight in the courts. We believe that the law is on our side and we will prevail."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Today's political cartoons - November 3, 2024
Cartoons Sunday's cartoons - presidential pitching, wavering convictions, and more
By The Week US Published
-
Why Man United finally lost patience with ten Hag
Talking Point After another loss United sacked ten Hag in hopes of success in the Champion's League
By The Week UK Published
-
Who are the markets backing in the US election?
Talking Point Speculators are piling in on the Trump trade. A Harris victory would come as a surprise
By The Week UK Published
-
ACA opens 2025 enrollment, enters 2024 race
Speed Read Mike Johnson promises big changes to the Affordable Care Act if Trump wins the election
By Peter Weber, The Week US Published
-
McDonald's sued over E. coli linked to burger
Speed Read The outbreak has sickened at least 49 people in 10 states and left one dead
By Rafi Schwartz, The Week US Published
-
The battle for abortion buffer zones
The Explainer A 2023 law banning protests around clinics remains unenforced amid dispute over 'silent prayer'
By Harriet Marsden, The Week UK Published
-
Infant deaths jumped in Texas after abortion ban
Speed Read Babies born in states with more abortion restrictions may be likelier to die within a year
By Peter Weber, The Week US Published
-
Texas dairy worker gets bird flu from infected cow
Speed Read The virus has been spreading among cattle in Texas, Kansas, Michigan and New Mexico
By Peter Weber, The Week US Published
-
Dengue hits the Americas hard and early
Speed Read Puerto Rico has declared an epidemic as dengue cases surge
By Peter Weber, The Week US Published
-
US bans final type of asbestos
Speed Read Exposure to asbestos causes about 40,000 deaths in the U.S. each year
By Peter Weber, The Week US Published
-
The rise in illegal pregnancy termination investigations
Under the Radar 'Unprecedented' number of women being prosecuted prompts medical body to tell members not to report suspected cases to police
By The Week UK Published