A U.S. federal appeals court voted late Wednesday to keep partial access to the abortion drug mifepristone open to women in the country while a high-stakes federal case unfolds. Under the new ruling by the U.S. Fifth Circuit Court of Appeals on Wednesday, April 12, mifepristone can no longer be dispensed by mail.
The period of pregnancy where mifepristone can be used has been reduced to 7 weeks from 10 weeks by the appeals court until the conflicting rulings by two Federal judges are resolved.
The Biden administration can appeal the Fifth Circuit’s decision to the Supreme Court.
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A Texas federal judge appointed by former U.S. president Trump invalidated the drug’s official approval by the Food and Drug Administration (FDA), the federal agency responsible for regulating drugs in the nation last week.
U.S. District Judge Matthew Kacsmaryk ruled in favor of an anti-abortion group that was suing the FDA, blocking its safety validation of the drug, and throwing more long-granted reproductive freedoms into question in the country.
A ruling by a separate federal court in Washington state ordered the FDA to not reduce access in 17 states and the District of Columbia, which sued to protect access.
The U.S. Department of Justice said Thursday it is seeking an emergency order from the Supreme Court to put any further actions regarding mifepristone on hold.
Some states are stockpiling doses of the drug amid the legal uncertainty.
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