Battle Over Medication Abortion Threatens to Revert US Back to 19th Century

"On May 1, the New Orleans-based 5th U.S. Circuit Court of Appeals blocked the mailing of mifepristone, a common abortion medication. The ruling restricted distribution and use of the medication to in-person clinic visits only, even as the number of brick-and-mortar abortion clinics has continued to shutter over the past year, and some red states blocked access to mail order pills."

"The Food and Drug Administration (FDA) deemed mifepristone a safe medication over 25 years ago in 2000, and over half of all abortions performed in the United States are facilitated using pills that can be prescribed via telemedicine appointments, especially as abortion bans fan out in deeply red parts of the country. This rose 10 percent in the three years following the overturning of Roe v. Wade."

"Immediately after the ruling, two manufacturers responsible for mifepristone production - Danco Laboratories and GenBioPro - filed emergency appeals to counter the ban, and on May 14 the U.S. Supreme Court paused the 5th Circuit's decision, allowing the distribution of abortion medication by mail to continue. This is a temporary action, however, as litigation continues to unfold."

"Anti-abortion activists argued that the distribution of abortion pills and information via the mail and telemedicine circumvents the purpose of state-specific abortion bans. But such restrictions also hinder access for disabled people, people without health care, and others who do not have access to in-person abortion care in states without abortion bans."

On May 1, the 5th U.S. Circuit Court of Appeals blocked the mailing of mifepristone, limiting distribution and use to in-person clinic visits. The restriction came as abortion clinics continued to close and some red states had already blocked access to mail-order pills. The FDA had deemed mifepristone safe in 2000, and more than half of U.S. abortions involve pills that can be prescribed through telemedicine. After the ruling, manufacturers Danco Laboratories and GenBioPro filed emergency appeals, and on May 14 the Supreme Court paused the 5th Circuit’s decision, allowing mail distribution to continue temporarily. The case began with Louisiana suing the FDA to stop mailing, with arguments that mail and telemedicine undermine state abortion bans, while critics said the limits worsen access barriers for disabled people and others lacking in-person care.

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