In August, the Fifth Circuit panel issued a decision that partially vacated Judge Kacsmaryk’s injunction, allowing mifepristone to be prescribed via telehealth visits. However, it retained parts of the order that removed the FDA’s subsequent modifications, including the elimination of a mandatory follow-up appointment requirement.
A Nationwide Impact on Healthcare
This decision, argue 23 states and the District of Columbia in a Thursday brief, significantly hampers access to mifepristone, particularly in communities that rely on it. It exacerbates ongoing health crises and places further strain on abortion providers, who are already grappling with the post-Dobbs landscape.
To compound the issue, restricting access to abortion medication, which a group of doctors likens to being as safe as ibuprofen, intensifies the pressure on healthcare providers who deliver other life-saving services, such as cancer screenings and STD tests.
In their statement, the states stress, “Imposing medically unnecessary restraints on access to mifepristone could push providers to the breaking point and may leave many people without access to abortion care at all.”
Abortion Pill Battle : A Battle Over Scientific Rigor
Several amici take issue with the Fifth Circuit panel’s judgment, accusing it of needlessly impeding the FDA’s rigorous drug approval process. Despite a wealth of evidence and voluminous reports, the panel deemed the FDA’s testing insufficient.
