Mifepristone, also known as the abortion pill, is the first pill in the two-drug medication abortion regimen that is used in over half of abortions in the United States. It is currently available, but it is is danger of being taken off the shelves.
However, the lawsuit in the Texas district court, filed by groups and doctors against abortion, argues that that the F.D.A did not regulate or adequately review the pill. In 2020, during the COVID-19 pandemic, the FDA temporarily suspended its in-person dispensing requirement for mifepristone.
This allowed patients to receive the medication by mail or through a telemedicine consultation, which reduced the risk of exposure to COVID-19. However, in January 2021, the Supreme Court reinstated the FDA’s in-person dispensing requirement, which requires patients to visit a healthcare provider to receive the medication.
Since then, several federal judges have ruled on challenges to the FDA’s in-person dispensing requirement. In July 2021, a federal judge in Maryland issued a preliminary injunction, which allowed healthcare providers to mail or deliver mifepristone to patients during the COVID-19 pandemic. However, in August 2021, the Supreme Court granted the FDA’s request to stay the injunction, which temporarily blocked the ruling from going into effect.
In September 2021, a federal judge in California issued a permanent injunction, which blocked the FDA’s in-person dispensing requirement for mifepristone, allowing healthcare providers to prescribe and mail the medication to patients without requiring an in-person visit. However, the ruling only applied to the specific plaintiffs in the case, and it is unclear if it will have broader implications.
Overall, there have been several federal rulings related to abortion pills, with ongoing legal challenges and debates surrounding access to medication abortion.