The Fifth Circuit Court of Appeals has again moved to restrict access to mifepristone, the abortion pill used in medication abortions. This represents the latest escalation in ongoing litigation over the drug since the Supreme Court's 2022 Dobbs decision eliminated the federal constitutional right to abortion.
The Fifth Circuit, known for its conservative majority, has repeatedly sought to limit mifepristone availability despite previous judicial setbacks. In 2023, the court attempted similar restrictions, only to face reversal from higher courts. The new action Friday evening signals the circuit's determination to continue challenging the FDA's approval and expanded access protocols for the drug.
Mifepristone accounts for roughly half of all abortions in the United States. The drug was approved by the FDA in 2000 and the agency expanded access rules in 2023, allowing mail delivery and increasing the gestational window for use. Anti-abortion groups have challenged these rules repeatedly, with the Fifth Circuit serving as a sympathetic venue for their legal arguments.
The Supreme Court has not yet decided whether it will hear these cases again. The justices declined to intervene in the 2023 Fifth Circuit action, allowing lower court rulings to stand. However, the Court's 6-3 conservative majority leaves abortion advocates concerned about the direction of future abortion jurisprudence.
This cycle of litigation reflects the post-Dobbs landscape where abortion policy has devolved to states and courts. Republican-appointed judges, particularly in the Fifth Circuit, continue pursuing restrictions despite setbacks. Democrats and abortion rights advocates view these cases as tests of whether the Supreme Court will further curtail abortion access beyond state bans.
The outcome could determine mifepristone's future availability nationwide. A successful restriction would force the drug off the market entirely, affecting women in states where abortion remains legal. This continued judicial warfare over mifepristone demonstrates how