As the Fifth Circuit Court of Appeals weighs safety regulations on the abortion pill mifepristone in State of Louisiana et al. v. Food and Drug Administration (FDA) et al., 259 pro-abortion members of Congress have urged the court to keep the lax rules in place, allowing the drug to be dispensed through the mail.

Key Takeaways:

• Louisiana Attorney General Liz Murrill challenged the FDA's decision to allow the abortion pill, mifepristone, to be dispensed via telehealth and the mail.

• The Fifth Circuit Court of Appeals is currently considering the case.

• More than 250 abortion-friendly senators and representatives filed an amicus brief in support of telehealth abortion, despite the dangers to women.

The Backstory:

Mifepristone, the first drug of the two-drug abortion pill regimen (mifepristone and misoprostol), was approved by the FDA in 2000, and safety rules known as REMS were ultimately put in place to ensure women's safety.

The abortion pill is known to carry risks, including incomplete abortion, hemorrhage, and infection.

For women who are experiencing an undiagnosed ectopic pregnancy, taking mifepristone could prove deadly, as the drug is available without any exams, testing, or confirmation of gestational age. Up until a handful of years ago, women had to take mifepristone under the in-person supervision of a certified physician after a physical evaluation.

Today, because of decisions made by the Obama and Biden administrations, those particular safety measures are gone.

Women can now have the abortion pill shipped to them via internet order without a medical exam or proof of their baby's gestational age. But abusive men and parents have also been ordering the abortion regimen and then deceiving or coercing pregnant teens and women into taking it.

Calls for the reinstatement of the safety rules that had been in place for two decades have been met with pushback from pro-abortion groups and legislators.

Louisiana Attorney General Liz Murrill challenged the FDA rules under the Administrative Procedure Act (APA), arguing that the 2023 decision to allow telehealth abortion pill prescriptions and mail-order dispensing of mifepristone was tainted by "procedural deficits" and a "lack of adequate consideration."

The APA sets rules for how federal government agencies develop and issue regulations.

The Details:

As that case is before the Fifth Circuit Court of Appeals, the 259 lawmakers, including 47 senators and 212 representatives, penned an amicus brief in support of the lax safety protocol. They wrote that Louisiana "now seeks to re-impose this onerous nationwide restriction on all Americans."

They added, "Reinstating an in-person dispensing requirement for mifepristone exacerbates an already significant reproductive health crisis by limiting access to the most common method of early abortion."

The amicus brief was spearheaded by Senators Patty Murray (D-Wash.), Chuck Schumer (D-N.Y.), and Ron Wyden (D-Ore.), along with House Minority Leader Hakeem Jeffries (D-N.Y.).

The Bottom Line:

On May 1, the 5th Circuit had temporarily reinstated the rule that the abortion pill must be dispensed in person. However, the Supreme Court blocked that ruling, allowing mail order of the drug to continue.

It is unclear when the Fifth Circuit will issue its decision.