Appeals Court Upholds Limits on Abortion Pill Access

Facts

• On Wednesday, New Orleans' Fifth US Circuit Court of Appeals ruled that US access to mifepristone, a widely used abortion pill, will be limited, mandating a ban on its telemedicine prescriptions and mail shipments. The Biden admin. will reportedly appeal the decision to the Supreme Court.¹
• Mifepristone, approved by the FDA in 2000, has been used by over 5M women in the US as part of a two-drug regimen alongside misoprostol, as the pill has a 99.6% success rate and a mortality rate of less than 0.001%.²
• In 2016, the window of mifepristone's use was extended by three weeks; in 2019, the FDA approved a generic version of the pill; and in 2021, the agency authorized pharmacies to deliver it via mail.³
• Though it didn't completely overturn the pill's FDA approval, Wednesday's ruling reversed the window of mifepristone's use back to up to seven weeks of pregnancy instead of ten.⁴
• The three-judge panel held that the FDA failed to adequately consider safety concerns when it approved mifepristone in 2000 and loosened its access in 2016.⁵
• However, the ruling will not take effect until the Supreme Court — which in April upheld national access to mifepristone — reviews it.⁶

Sources: ¹Reuters, ²NPR Online News, ³USA Today, ⁴Al Jazeera, ⁵Associated Press, and ⁶CNBC.

Narratives

• Right narrative, as provided by The Federalist. The abortion industry has lied about the effects of chemical abortions for a long time, and this legal battle is finally bringing the facts to light. By approving mifepristone, the FDA put women and girls at risk of symptoms ranging from cramping and nausea to infection and bleeding. Facing pressure from the powerful abortion lobby, the FDA prioritized abortion pill access over encouraging women to consult their doctors. This has always been a political issue, but the public is only opening its eyes to that fact now.
• Left narrative, as provided by Vanity Fair. If the Texas ruling is ultimately upheld, it will open the door for right-wingers to challenge the FDA's authority on more than just mifepristone. Based on the judge's opinion, the plaintiffs had standing to bring this case simply because they alleged — without a shred of evidence — that some people were harmed by the pill. With that precedent set, anti-vaxxers and other conspiracy theorists can convince a judge to overrule any medicine they deem problematic.

Predictions