BNTX - Appeals court permits limited access to abortion pill blocks part of Texas ruling

2023-04-13 05:02:47 ET

A federal appeals court blocked part of a Texas court's ruling that would halt the access to the abortion pill mifepristone.

Earlier this week, the U.S. Justice Department (DOJ) had asked the U.S. 5th Circuit Court of Appeals to halt U.S. Judge Matthew Kacsmaryk's order, which suspended the U.S. Food and Drug Administration's (FDA) approval of mifepristone nationwide, as litigation continues.

On Wednesday, the appeals court granted the DOJ's request to put on hold the part of the decision. However a divided three-judge panel noted that a different portion of the Texas judge's order, which suspends changes the FDA made to the medicine's approved use in 2016, could go into effect.

As per the appeals court ruling, the challenge to the September 2000 FDA approval of mifepristone seems to be barred by the statute of limitations, however the challenges brought to the changes the U.S. drug regulator implemented since 2016, including delivery of the pill via mail and without follow-up visits to a doctor were timely, Bloomberg reported .

In December 2021, the FDA permanently allowed providing the abortion pill via mail, this now has been paused and would require patients to make in-person visits to get the drug.

In 2016, among other changes, the FDA had  reduced the number of in-person visits to 1 from 3, according to a CNBC report .

Appeals court Judge Catharina Haynes — appointed by former  President George W. Bush — noted that she would have temporarily halted the ruling in full. However, Judge Kurt Engelhardt and Judge Andrew Oldham, who were appointed by former President Donald Trump, declined to grant a stay related to the FDA changes.

For further details see: