National gender justice group says decision highlights broken court system, calls on health insurance companies to expand abortion coverage.
New Orleans, Louisiana – Moments ago, the Court of Appeals for the 5th Circuit held that the FDA’s actions unlawful after the agency allowed the drug mifepristone, an effective abortion and miscarriage care medication, to be taken after 6 weeks of pregnancy, mailed directly to patients, and prescribed by a medical professional other than a doctor.
The 5th Circuit’s decision will have no immediate impact on the availability of mifepristone and faces likely appeal to the Supreme Court.
In response to the decision, Nicole Regalado, VP of Campaigns, a leading gender justice advocacy organization, issued the following statement:
“If the Supreme Court refuses to take this case, or affirms the 5th Circuit’s decision, it will severely restrict access to mifepristone nationwide. Today’s decision is a likely first step toward a massive blow to reproductive rights in the United States—and a stark reminder that our courts have been hijacked by Republican extremists who will stop at nothing to advance their sexist agenda.
“Mifepristone is a safe, legal FDA-approved medication. The 5th Circuit’s politically motivated decision to curtail access to this life-saving drug, despite its availability for the past twenty-three years, is detrimental to us all.
”In times like these, every single one of us must make a choice: Will we stand by and let extremist judges impose their sexist agendas on millions of people, or step up to protect the rights of women and pregnant people to make decisions about their bodies? History will remember which side we choose.
“UltraViolet and our 1 million members call on health insurance companies to expand abortion coverage for as many people and in as many states as possible, and the Biden Administration to ignore any court ruling that undermines the FDA’s authority and goes against science to restrict access to mifepristone.
“Today’s decision should sound the alarm for anyone who supports access to reproductive healthcare. Mifepristone saves lives. Your support is needed now more than ever.”
In anticipation of the ruling, UltraViolet called on:
- The Biden Administration to ignore any court ruling that undermines the authority of the FDA—a single judge should not have the power to halt a federal agency’s authority, especially not over a proven safe medication available for more than twenty years;
- All insurance providers to cover abortion care, even in the face of a potential mifepristone ban, and speak out against the ruling.
Earlier this year, UltraViolet commissioned a mobile billboard in Phoenix, AZ at the American Pharmacists Association Conference, urging pharmacists to continue advocating for the protection of access to mifepristone.