With all the recent court cases about mifepristone, it can be hard to keep up. UW CORE will endeavor to keep its followers updated with the latest information, especially about the implications for Wisconsin.
Looking for history? See previous updates from April 8, April 25, and August 17 this year regarding prior court decisions related to mifepristone.
The U.S. Supreme Court yesterday (December 13) agreed to review a lower court decision that would make mifepristone, a widely used abortion medication, less accessible. Until the Supreme Court issues a ruling, likely in June 2024, mifepristone remains available for abortion care under current FDA rules in states that permit abortion.
The case in question, Alliance for Hippocratic Medicine v. FDA, challenges the FDA’s approval of mifepristone more than 20 years ago. The U.S. Court of Appeals for the Fifth Circuit ruled in August that mifepristone should remain legal but with significant restrictions on access. These restrictions include that mifepristone could not be mailed and provided by telehealth.
If the U.S. Supreme Court rules in favor of the Fifth Circuit, the decision would bring big changes to abortion care nationwide and significantly reduce access to medication abortion. The mail and telehealth restrictions would require multiple in-person visits, reduce the number of care providers, and likely overwhelm brick-and-mortar clinics.
No matter how the Supreme Court rules, the decision will apply in all U.S. states. Here in Wisconsin, mifepristone is available for abortion care but with significant restrictions. Wisconsin state law already prohibits telehealth for medication abortion and requires multiple in-person visits with the same physician. In states where abortion is prohibited, the Supreme Court decision will apply to mifepristone’s use in miscarriage management.
Medication abortion, often called the abortion pill, is a safe and effective way to end a pregnancy. Medical and public health organizations, including the American College of Obstetricians and Gynecologists and the World Health Organization, recommend two medication abortion regimens: 1) mifepristone and misoprostol used together, and 2) misoprostol used alone.
Many studies indicate that medication abortion is most effective when mifepristone and misoprostol are used in combination, and this protocol is presently the most common in the U.S. Current FDA rules approve the use of mifepristone through 10 weeks of pregnancy for abortion and miscarriage management.
Related CORE resources:
- Wisconsin state laws impacting abortion access, September 2023
- Medication abortion access update, February 2023
- Medication abortion care regulations in Wisconsin: Healthcare provider perspectives, November 2020