Skip to content Skip to search

Republish This Story

* Please read before republishing *

We’re happy to make this story available to republish for free under an Attribution-NonCommercial-NoDerivatives Creative Commons license as long as you follow our republishing guidelines, which require that you credit The 19th and retain our pixel. See our full guidelines for more information.

To republish, simply copy the HTML at right, which includes our tracking pixel, all paragraph styles and hyperlinks, the author byline and credit to The 19th. Have questions? Please email partnerships@19thnews.org.

— The Editors

Loading...

Modal Gallery

/
Sign up for our newsletter

Menu

Topics

  • Abortion
  • Election 2024
  • Education
  • LGBTQ+
  • Caregiving
  • Environment & Climate
  • Business & Economy
View all topics

The 19th News(letter)

News that represents you, in your inbox every weekday.

You have been subscribed!

Please complete the following CAPTCHA to be confirmed. If you have any difficulty, contact community@19thnews.org for help.

Submitting...

Uh-oh! Something went wrong. Please email community@19thnews.org to subscribe.

This email address might not be capable of receiving emails (according to Bouncer). You should try again with a different email address. If you have any questions, contact us at community@19thnews.org.

  • Latest Stories
  • Our Mission
  • Our Team
  • Ways to Give
  • Search
  • Contact
Donate
Home

We’re an independent, nonprofit newsroom reporting on gender, politics and policy. Read our story.

Topics

  • Abortion
  • Election 2024
  • Education
  • LGBTQ+
  • Caregiving
  • Environment & Climate
  • Business & Economy
View all topics

The 19th News(letter)

News that represents you, in your inbox every weekday.

You have been subscribed!

Please complete the following CAPTCHA to be confirmed. If you have any difficulty, contact community@19thnews.org for help.

Submitting...

Uh-oh! Something went wrong. Please email community@19thnews.org to subscribe.

This email address might not be capable of receiving emails (according to Bouncer). You should try again with a different email address. If you have any questions, contact us at community@19thnews.org.

  • Latest Stories
  • Our Mission
  • Our Team
  • Ways to Give
  • Search
  • Contact

We’re an independent, nonprofit newsroom reporting on gender, politics and policy. Read our story.

The 19th News(letter)

News that represents you, in your inbox every weekday.

You have been subscribed!

Please complete the following CAPTCHA to be confirmed. If you have any difficulty, contact community@19thnews.org for help.

Submitting...

Uh-oh! Something went wrong. Please email community@19thnews.org to subscribe.

This email address might not be capable of receiving emails (according to Bouncer). You should try again with a different email address. If you have any questions, contact us at community@19thnews.org.

Become a member

The 19th thanks our sponsors. Become one.

Abortion

Supreme Court temporarily blocks mifepristone restrictions in a rare win for abortion rights

The decision, issued Friday, delays a ruling from a federal appeals court and will allow abortion providers to continue providing the drug as usual for now.

Two protesters hug each other during a candlelight vigil in front of the Supreme Court.
Protesters console each other during a candlelight vigil in front of the Supreme Court to denounce the court's decision to end federal abortion rights protections in June 2022 in Washington, D.C. (Brandon Bell/Getty Images)

Shefali Luthra

Reproductive Health Reporter

Published

2023-04-14 14:56
2:56
April 14, 2023
pm

Republish this story

Share

  • Bluesky
  • Facebook
  • Email

Republish this story

Your trusted source for contextualizing abortion news. Sign up for our daily newsletter.

The Supreme Court has temporarily blocked heavy restrictions on the use of mifepristone, one of two drugs used for a medication abortion.

The decision, issued Friday, delays a ruling from a federal appeals court and will allow abortion providers to continue providing the drug as usual until at least 11:59 p.m. on Wednesday. Parties to the lawsuit have until noon Tuesday to file arguments with the high court.

The 19th thanks our sponsors. Become one.

The Supreme Court’s intervention allows physicians to continue using mifepristone for abortions past seven weeks and distributing the pill by mail and without an in-person visit to a doctor’s office. Mifepristone, when provided in conjunction with another drug called misoprostol, is about 99 percent effective in ending a pregnancy. 

It’s a rare win for abortion rights at the high court, which overturned Roe v. Wade last summer. In that decision, the court’s conservative majority suggested that undoing Roe would allow states to decide questions of abortion rights, taking the issue out of the judiciary.

  • More mifepristone coverage
    Sen. Mazie Hirono speaks into a microphone on Capitol Hill.
  • Senators ask mifepristone manufacturer to list miscarriage as a use for abortion pill
  • Court rules mifepristone can remain available, but with tightened restrictions
  • A federal judge could soon block access to an abortion pill. Here’s what that means.

The mifepristone case, filed in a district court in Texas by a group of anti-abortion doctors, has little precedent. The doctors argued that the Food and Drug Administration acted too quickly when it approved mifepristone in 2000, and asked the courts to block the drug’s availability. The FDA took several years to approve mifepristone and there is a robust body of evidence showing its safety and effectiveness.

A week ago, Judge Matthew Kacsmaryk in Texas ruled in favor of the anti-abortion groups, holding that distribution of mifepristone should be blocked nationwide. The decision, which was robustly criticized by legal scholars and medical experts, would have taken effect this Friday. It was in conflict with another decision issued by a district judge in Washington state in a case brought by 17 states and Washington, D.C., seeking to expand mifepristone’s availability. Judge Thomas Rice said that the FDA could not change how it regulates the drug in the locales that had filed suit. 

Following Kacsmaryk’s decision, the federal government sought relief from the U.S. Court of Appeals for the 5th Circuit. Late Wednesday night, that court partially blocked Kacsmaryk’s ruling, but said that instead, the FDA had to revert its approval of mifepristone to what was permitted in 2016: only allowing the drug to be used for people up to seven weeks of pregnancy, prohibiting its provision through telemedicine and requiring three in-person physician visits for anyone getting a prescription. 

Currently, the FDA permits mifepristone to be used up to 10 weeks of pregnancy, and the World Health Organization recommends its use up to 12 weeks of pregnancy. Both endorse telemedicine for medication abortions. 

Had the high court not stepped in, the appeals court decision would have taken effect Saturday, likely imposing the 2016 mifepristone regulations in all but the 17 states and jurisdictions affected by Rice’s decision.

Some doctors may have continued to provide mifepristone up to 10 weeks of pregnancy, which is called “off-label” prescription. But the reimposed telemedicine restrictions would likely have stymied access to this form of abortion, particularly in states where abortion remains legal but clinics have seen large influxes in out-of-state patients, stretching resources. 

Danco, the company that manufactures branded mifepristone, said that to comply with the 5th Circuit decision, it would have had to change how its product is labeled and get providers newly certified to distribute the drug — a process that could take months. The company was unclear how it would comply with both the 5th Circuit’s ruling and Rice’s. 

Mifepristone is not the only way to induce an abortion. Medication abortions can be performed with misoprostol only, using larger amounts of the drug. But that regimen is often more painful and, while still highly safe and effective, has a slightly higher failure rate than the two-drug combination. 

Some abortion providers were considering dropping medication altogether if they could not provide mifepristone, completing abortions only through surgical means. Surgical abortions are also safe and effective, but fewer clinics provide them, and they can require more time and resources than a medication abortion. 

Republish this story

Share

  • Bluesky
  • Facebook
  • Email

Recommended for you

Supreme Court rules that mifepristone will remain available without tightened restrictions — for now
People line up outside of the Supreme Court in June 2023 in Washington, D.C.
Supreme Court to hear case on access to mifepristone abortion pill
supreme court building on a cloudy day
The 19th Explains: How the Supreme Court could further limit abortion
Demonstrators rally in support of abortion rights at the Supreme Court in Washington, D.C.
Federal judges seem open to restricting access to mifepristone abortion pill

The 19th News(letter)

News that represents you, in your inbox every weekday.

You have been subscribed!

Please complete the following CAPTCHA to be confirmed. If you have any difficulty, contact community@19thnews.org for help.

Submitting...

Uh-oh! Something went wrong. Please email community@19thnews.org to subscribe.

This email address might not be capable of receiving emails (according to Bouncer). You should try again with a different email address. If you have any questions, contact us at community@19thnews.org.

Become a member

Explore more coverage from The 19th
Abortion Election 2024 Education LGBTQ+ Caregiving
View all topics

Support representative journalism today.

Learn more about membership.

  • Transparency
    • About
    • Team
    • Contact
    • Privacy Policy
    • Community Guidelines
  • Newsroom
    • Latest Stories
    • 19th News Network
    • Podcast
    • Events
    • Careers
    • Fellowships
  • Newsletters
    • Daily
    • Weekly
    • The Amendment
    • Event Invites
  • Support
    • Ways to Give
    • Sponsorship
    • Republishing
    • Volunteer

The 19th is a reader-supported nonprofit news organization. Our stories are free to republish with these guidelines.