Appeals court partially overturns lower ruling, preserves access to mifepristone abortion pill

A federal appeals court in New Orleans has partially overturned a lower court’s decision blocking access to a popular abortion drug. The new decision keeps the drug, mifepristone, available for purchase to consumers with some restrictions.

The 5th U.S. Circuit Court of Appeals in New Orleans ruled 2-1 Wednesday, just before midnight, to keep mifepristone available only to be dispensed up to seven weeks, not 10, and not by mail.

The drug, which is used in combination with a second drug, misoprostol, terminates pregnancies and was approved for use by the Food and Drug Administration more than two decades ago.  

A lower court judge in Texas completely blocked the FDA’s approval following a lawsuit that alleges the approval was done improperly and too hastily.

The case may now head to the U.S. Supreme Court.

Where the three judges differed — and what ultimately caused the split vote — was concerning changes made by the FDA that relaxed the rules for prescribing and dispensing mifepristone.