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NEW ORLEANS 鈥� A federal appeals court today a severe nationwide restriction on mifepristone, a safe and effective medication used in nearly of U.S. abortions as well as for early . The ruling in Louisiana v. FDA by the Fifth Circuit Court of Appeals grants Louisiana鈥檚 extraordinary request to reinstate a nationwide requirement, lifted by FDA in 2021, that patients obtain mifepristone in person at a health center, rather than by mail or at a pharmacy after receiving care through telemedicine, while Louisiana鈥檚 appeal proceeds.

The appellate court鈥檚 order overrides a lower court鈥檚 ruling earlier this month pausing the case while the Trump administration conducts a FDA review that is itself a thinly veiled attempt to lay the groundwork for additional medically unjustified restrictions on mifepristone.

鈥淎nti-abortion politicians have just made it much harder for people everywhere in the country to get a medication that abortion and miscarriage patients have been safely using for more than 25 years,鈥� said Julia Kaye, senior staff attorney with the ACLU's Reproductive Freedom Project. 鈥淟ouisiana鈥檚 legal attack on mifepristone shamelessly packaged lies and propaganda as an excuse to restrict abortion 鈥� and the Fifth Circuit rubber-stamped it. This decision defies clear science and settled law and advances an anti-abortion agenda that is deeply unpopular with the American people. For countless people, especially those who live in rural areas, face intimate partner violence, or live with disabilities, losing a telemedicine option will mean losing access to this vital medication altogether.鈥�

If the U.S. Supreme Court does not block this ruling, the Fifth Circuit鈥檚 order will upend how miscarriage and abortion care are currently delivered across the country. Today, people in the U.S. who have an abortion do so using telemedicine. Without this method of care delivery, patients using mifepristone would be forced to travel, sometimes hundreds of miles, to a health center just to pick up a pill, a requirement that leading medical authorities has no safety benefit.

While there are other safe and effective medication abortion regimens that may continue to be available by mail and at pharmacies, mifepristone has long been part of the most common and recommended protocol in the United States鈥攚ith the highest efficacy and fewest side effects鈥攁nd is used in nearly two-thirds of all U.S. abortions today.

The FDA鈥檚 2021 decision to lift its in-person dispensing requirement, made permanent in January 2023, was based on high-quality research and real-world data from tens of thousands of patients in the United States and globally and is by preeminent medical authorities. Despite that mifepristone has been safely used by millions of patients for more than 25 years 鈥� and that people support access to medication abortion 鈥� anti-abortion and groups continue to push for further federal restrictions on this essential medication to further their agenda of ending all abortion access.