The drug will no longer be permitted to be distributed via mail, however. Instead, an in-person doctor visit to prescribe and dispense the drug is required.
Additionally, mifepristone’s use will be limited to the first seven weeks of pregnancy, instead of 10, and a follow-up doctor’s visit to check for complications is required after a chemical abortion.
On Thursday morning, the Biden administration announced it intends to appeal the decision to the Supreme Court.
“The Justice Department strongly disagrees with the 5th Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal,” Attorney General Merrick Garland said. “We will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care.”
Unless the Supreme Court rules otherwise, these restrictions will take effect Saturday.
Mifepristone is the first drug used in what is commonly a two-step regimen for a chemical abortion. The pill works to kill an unborn baby by cutting off the nutrients necessary for it to continue developing.