New court ruling brings abortion pills back in the spotlight
Image: NBC News
On Friday, a US appeals court temporarily blocked doctors nationwide from mailing the abortion pill mifepristone to patients, instead requiring the drug to be dispensed in person.
A unanimous panel of Republican appointees said the state of Louisiana, which brought the suit, is likely to succeed in its claim that the FDA’s approval of mifepristone being sent via mail was based on flawed data, and that it also undermines that state’s ban on medical abortions.
Quick background: Mifepristone, alongside the drug misoprostol, is typically taken during the first 10 weeks of pregnancy to induce an abortion or manage an early miscarriage. Over 5 million women have used mifepristone since it was first approved by the FDA in 2000.
- The drug’s popularity accelerated in 2016, when the FDA repealed a series of laws that required three doctors’ visits to obtain mifepristone, banned mailing pills to patients, and limited the drug’s use to the earliest weeks of pregnancy.
- By 2023, medication abortions accounted for 63% of all US abortions, with the vast majority using the mifepristone/misoprostol combination.
In 2024, the Supreme Court unanimously dismissed on procedural grounds a case seeking to roll back the FDA’s initial approval of mifepristone.
The arguments
Supporters of banning mifepristone by mail say the ruling restores earlier safety protocols and strengthens medical oversight of abortion pills by requiring patients to obtain them in person.
- They argue the FDA loosened requirements too aggressively in recent years, and that the government’s mifepristone studies are flawed because they don't track serious, nonfatal side effects.
- More broadly, supporters say federal policy shouldn’t be able to override state abortion laws, with the current system allowing some doctors to mail mifepristone to women in states where abortion is banned.
On the flip side: Opponents of the ruling cite a wide range of studies that show mifepristone is a highly safe and effective drug, with complication rates lower than many other widely-used medications like Tylenol, Viagra, and penicillin.
They also argue the changes would make it significantly harder for patients across the country to access abortion and miscarriage care, and create “unnecessary” barriers for access to mifepristone in states where abortion is legal.
Looking ahead…Last week’s mifepristone decision has been appealed to the Supreme Court, alongside a request for emergency relief that would allow doctors to continue mailing pills while the process plays out.
📊 Flash poll: In your opinion, should doctors be allowed to mail mifepristone to patients across the US seeking an abortion?
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Sprinkles from the Left
- Some commentators argue that the court’s decision sends a clear message: No woman in America, no matter whether she lives in a red state or a blue state, has total control over whether to continue or end a pregnancy.
- Others contend that medication abortion is one of the most studied medical interventions in modern history, and has been proven safe. They also note that America is stuck in an absurd loop: doctors explain the science, advocates explain the data, and politicians pretend not to hear any of it or insist evidence is false.
- “This Could Be the Biggest Blow to Abortion Rights Since Roe Fell” –Jill Filipovic, NY Times
- “Republican efforts to restrict abortion medication are built on lies” –Briana Torres, San Francisco Chronicle
- “Abortion Has Remained Mostly Accessible. That May Soon Change.” –NY Times Ediorial Board
Sprinkles from the Right
- Some commentators argue that “pro-choice” abortion-rights advocates need to acknowledge that their arguments in favor of wide access to the abortion pill have made it far easier for irresponsible men to pressure women into killing their unborn babies.
- Others contend that the FDA irresponsibly approved mifepristone based on data from clinical trials more than four decades old, and more recent studies show it’s a remarkably dangerous drug that threatens the lives of both baby and mother.
- “Fight over abortion pill reminds how 'pro-choice' advocacy benefits men at women's expense” –Waterbury Republican-American Editorial Board
- “FDA Commissioner Can’t Ignore Damning New Data On The Dangers Of Mifepristone” –Sen. Josh Hawley (R-MO)
- “Trump-Vance is the most anti-life Republican administration in history” –Peter Laffin, Washington Examiner
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