The Fifth Circuit Court of Appeals ruled on April 12, 2023 that mifepristone can stay on the market, but only under strict conditions that prohibit its use beyond seven weeks of pregnancy and bar its distribution by mail (more here). That ruling stated that physicians (no other prescribers) may prescribe mifepristone for patients at in-person (no telehealth) visits. The Biden administration is expected to ask the Supreme Court to intervene immediately. It can ask the justices to grant an emergency order putting all aspects of Judge Kacsmaryk’s ruling on hold while the appeals process continues. Kacsmaryk’s ruling appeared to be the first time that a judge ever suspended the FDA’s approval of a drug, according to legal experts. With all of the uncertainty as to how these rulings impact the availability and use of mifepristone, we will continue to share information as it becomes available. Read More
