A federal appeals court on Wednesday said it would restrict access to a widely used abortion medication after finding that the federal government did not follow the proper process when it loosened regulations in 2016 to make the pill more easily available.
A three-judge panel of the conservative U.S. Court of Appeals for the 5th Circuit said Food and Drug Administration decisions to allow the drug mifepristone to be taken later in pregnancy, be mailed directly to patients and be prescribed by a medical professional other than a doctor were not lawful.
Despite the court’s ruling against the government and the drug manufacturer, mifepristone will remain available for now under existing regulations while the litigation continues, in accordance with a Supreme Court ruling this spring. Wednesday’s decision is likely to be appealed to the Supreme Court.
The order by the U.S. 5th Circuit Court of Appeals is almost certain to be appealed to the Supreme Court. Justice Samuel Alito in April preemptively paused any ruling from the appeals court pending a petition for the high court to take the case.
If the Supreme Court does not take the case, the restrictions will go into effect.
The judges were all appointed by Republican presidents. Judges James Ho and Cory Wilson were appointed by Donald Trump. Judge Jennifer Elrod was appointed by George W. Bush.
