Court preserves access to abortion drug mifepristone, tightens rules

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Court preserves access to abortion drug mifepristone, tightens rules
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A federal appeals court has preserved access to an abortion drug for now but under tighter rules that would allow the drug only to be dispensed up to seven weeks, not 10, and not by mail.

PAUL J. WEBER and JESSICA GRESKOA federal appeals court preserved access to an abortion drug for now but under tighter rules that would allow the drug only to be dispensed up to seven weeks, not 10, and not by mail.

In a far-reaching ruling last week, a federal judge blocked the FDA's approval of the pill following a lawsuit by the drug's opponents. There is virtually no precedent for a lone judge overturning the regulator's medical recommendations.Just before midnight Wednesday, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that the FDA's initial approval of mifepristone in 2000 could remain in effect.

Either side, or both, could take the case to the Supreme Court. Opponents of the drug could seek to keep the full lower court ruling in effect. The Biden administration, meanwhile, could ask the high court to allow all the FDA changes to remain in place while the case continues to play out. When the drug was initially approved in 2000, the FDA limited its use to up to seven weeks of pregnancy. It also required three in-person office visits: the first to administer mifepristone, the next to administer the second drug misoprostol and the third to address any complications. It also required a doctor's supervision and a reporting system for any serious consequences associated with the drug.

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