Court blocks mail-order mifepristone; maker asks Supreme Court to restore access

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A federal appeals court in New Orleans has restricted access to mifepristone, one of the most common means of abortion in the U.S., by blocking the mailing of prescriptions. The 5th U.S. Circuit Court of Appeals granted a request from the state of Louisiana to reinstate a nationwide requirement that the abortion pill be distributed only in person at clinics, overruling regulations set by the FDA.

The ruling significantly curtails access to the drug nationwide, particularly in states that have banned abortion. Since the Supreme Court’s 2022 ruling that overturned Roe v. Wade and allowed the enforcement of abortion bans, prescriptions by mail have become a major way that abortions are provided, including in states where bans are in place.

Danco Laboratories, a manufacturer of the mifepristone abortion pill, filed an emergency appeal and application to the U.S. Supreme Court on Saturday. The company is asking the court to halt the lower court decision that blocks telemedicine health providers from prescribing the medication to patients by mail and requires the drug to be picked up in person.

FDA officials have stated that the agency is conducting a new review of the safety of mifepristone.

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