US justice department to appeal to supreme court over abortion pill access

The justice department says it will immediately appeal to the supreme court following an appeals court ruling that the abortion pill mifepristone can remain available in the US but will be subject to significant restrictions.

Late on Wednesday, the fifth circuit court of appeals ruled partially in favour of anti-abortion advocates, imposing restrictions on mifepristone that include lowering the allowable use of the drug to seven weeks of pregnancy instead of the current 10-week limit, and requiring in-person doctor visits for those looking to obtain the drug.

The appeals court decision came after a lower court ruling on Friday by district court judge Matthew Kacsmaryk that suspended FDA authorisation of mifepristone, first granted in 2023, entirely. The appeals court blocked the full suspension, but reinstated restrictions that had been in place before 2016.

Pro-choice advocates in the US have reacted with fury at the decision.

Reinstating the requirement for in-person visits for a prescription will also delay people seeking care, or bump up the likelihood that they will need to have manual procedures for abortions, which will increase strain on abortion clinics.

The reinstated restrictions are temporary while the lawsuits are pending.

The court agreed with Kacsmaryk that doctors and groups had standing to bring the lawsuit.

Mifepristone is part of a two-drug regimen, administered in combination with misoprostol, for medication abortions in the first 10 weeks of pregnancy. The drugs account for more than half of all abortions in the country.

Some abortion providers have said that if mifepristone was unavailable, they would switch to a misoprostol-only regimen for a medication abortion, which is not as effective. It is not yet clear how widely available it would be.

Abortion has emerged as a potent political issue in the US since the supreme court overturned its landmark 1973 Roe v Wade ruling recognising a constitutional right to abortion, leaving the issue for states to decide.