Because of this finding, variations of the most commonly used abortion pill, such as Mifeprex and generic mifepristone, “will remain available under the safety restrictions that were in effect prior to 2016.”
Erin Hawley, senior counsel at the Alliance Defending Freedom, the firm representing AHM and several other pro-life groups in the case, explained that though “there is no immediate effect,” once reviewed and certified by the Supreme Court, the ruling will mandate that the FDA restore its original regulations in place in 2000.
According to Hawley, this means that the mifepristone approval will be capped at seven weeks, rather than 10, and require at least three in-person doctor visits to administer the drug.
“This is a significant victory for the doctors and medical associations we represent and, more importantly, the health and safety of women,” Hawley said.
“The 5th Circuit rightly required the FDA to do its job and restore crucial safeguards for women and girls, including ending illegal mail-order abortions,” she added. “The FDA’s unprecedented and unlawful actions did not reflect scientific judgment but rather revealed politically driven decisions to push a dangerous drug regimen without regard to women’s health or the rule of law.”
The Biden administration has not yet issued a response to the ruling but will likely appeal to the Supreme Court.