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| Court Says Abortion Pill Can Remain Available but Imposes Temporary Restrictions | Court Says Abortion Pill Can Remain Available but Imposes Temporary Restrictions |
| (32 minutes later) | |
| A federal appeals court ruled late Wednesday that the abortion pill mifepristone could remain available, but the judges blocked the drug from being sent to patients through the mail and rolled back other steps the government had taken to ease access in recent years. | A federal appeals court ruled late Wednesday that the abortion pill mifepristone could remain available, but the judges blocked the drug from being sent to patients through the mail and rolled back other steps the government had taken to ease access in recent years. |
| The three-judge panel said its ruling would hold until the full case is heard on appeal. | The three-judge panel said its ruling would hold until the full case is heard on appeal. |
| In its order, the U.S. Court of Appeals for the Fifth Circuit, said the Food and Drug Administration’s approval of mifepristone in 2000 could stand because too much time had passed for the plaintiffs, a consortium of groups and doctors opposed to abortion, to challenge that decision. | In its order, the U.S. Court of Appeals for the Fifth Circuit, said the Food and Drug Administration’s approval of mifepristone in 2000 could stand because too much time had passed for the plaintiffs, a consortium of groups and doctors opposed to abortion, to challenge that decision. |
| But the court said that it was not too late for the plaintiffs to challenge a set of steps the F.D.A. took beginning in 2016 that lifted restrictions and made it easier for more patients to have access to the pill. | But the court said that it was not too late for the plaintiffs to challenge a set of steps the F.D.A. took beginning in 2016 that lifted restrictions and made it easier for more patients to have access to the pill. |
| Those steps included not requiring that the pill be prescribed only by doctors, approving the pill for use up to 10 weeks into pregnancy instead of seven weeks and allowing the pill to be mailed to patients instead of requiring it to be picked up from a health care provider in person. | Those steps included not requiring that the pill be prescribed only by doctors, approving the pill for use up to 10 weeks into pregnancy instead of seven weeks and allowing the pill to be mailed to patients instead of requiring it to be picked up from a health care provider in person. |
| All of those restrictions were temporarily reinstated. The Justice Department is likely to appeal the order to the Supreme Court. | All of those restrictions were temporarily reinstated. The Justice Department is likely to appeal the order to the Supreme Court. |
| The Wednesday ruling was 2-1, with two Trump-appointed judges voting for the partial stay and the third judge, appointed by President George W. Bush, saying she would have blocked | |
| In its order, the appeals court partly granted a motion filed by the Food and Drug Administration to stay the ruling last Friday by the Texas judge. The appeals court said that the statute of limitations prevented the plaintiffs, a consortium of anti-abortion groups, from challenging the F.D.A.’s approval of the drug in 2000. that the agency had not shown that the plaintiffs “are unlikely to succeed on the merits of their timely challenges.” | |
| Mike Ives contributed reporting. | Mike Ives contributed reporting. |