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Update on Mifepristone Access

April 18, 2023

Check here for updates on the evolving legal situation over mifepristone: 

Latest:

The Supreme Court ruled on April 21 that mifepristone could remain on the market while the case plays out in a lower court. The appeals court has oral arguments on the case on May 17. Whether mail-order access to mifepristone will be preserved may be a key issue for the appeals court.

Background: 

  • The Texas court ruled to ban mifepristone on April 7, taking away the FDA’s authority to regulate the safety of medications. The judge paused the decision for seven days to allow for appeals. 
  • Meanwhile, a federal judge in Washington state ordered the FDA to continue to make mifepristone available in the 17 states and District of Columbia that sued to protect access. 
  • The Court of Appeals decided on April 12 to keep mifepristone on the market while an expedited appeal plays out, but with restrictions—the drug can no longer be dispensed through the mail or later in pregnancy. 
  • On April 14, the Supreme Court intervened to pause these restrictions and temporarily preserve access to mifepristone. This intervention expires on Wednesday, April 19th. This deadline has been extended to Friday, April 21. 
  • The Supreme Court ruled on April 21 that mifepristone could remain on the market while the case plays out in a lower court. The appeals court has oral arguments on the case on May 17. Whether mail-order access to mifepristone will be preserved may be a key issue for the appeals court.

 

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