In a fresh attempt to limit access to the abortion pill mifepristone, a coalition of Republican-led states has petitioned the 9th U.S. Circuit Court of Appeals for a full panel review. These states, spearheaded by Idaho, are pushing to restrict the prescribing and distribution of mifepristone, targeting its use via telemedicine and mail services.
This legal action stems from a larger battle over access to mifepristone, a drug approved for medical abortions up to 10 weeks of pregnancy. The U.S. Food and Drug Administration had expanded its availability in 2021, allowing it to be dispensed by mail. The Republican states, however, argue that without in-person physical examinations, the use of mifepristone could result in medical emergencies that would burden state-funded programs like Medicaid.
The petition follows a July ruling where a three-judge panel determined these states lacked standing to intervene in a lawsuit brought by Democratic states. That lawsuit seeks to expand access to the pill and challenge existing restrictions, such as special pharmacy certifications.
The debate over mifepristone is part of a broader movement among abortion opponents to curtail access to the drug, despite a ruling by the U.S. Supreme Court earlier this year that rejected an attempt to ban it outright in Texas. While some states continue to press forward with efforts to restrict the drug, others, led by Washington, are pushing to preserve and expand access.
This legal wrangling has heightened the political stakes as the 2024 presidential election approaches, with abortion expected to be a central issue. Following the Supreme Court’s decision to overturn Roe v. Wade in 2022, several Republican-led states have enacted sweeping bans or severe restrictions on abortion, further intensifying the national debate.
Mifepristone, part of a two-drug regimen for medical abortions, is used in more than half of all U.S. abortions. The ongoing legal challenges could significantly impact its future availability.
