Appellate Courts Tackle Judge Kacsmaryk’s Ruling
Key Takeaways
The 5th Circuit Court of Appeals temporarily stopped distribution of mifepristone, a drug used during the first 10 weeks of pregnancy, on April 12, 2023.
On April 14, 2023, Justice Samuel Alito temporarily stopped the 5th Circuit Court of Appeals decision as well as the Northern District of Texas order.
Justice Alito's order allowed the use of mifepristone until midnight on April 19, 2023.
Mifepristone can still be used while the lawsuit is ongoing in the U.S. District Court.
Birth Control at Stake
The landscape of birth control access in the case of Alliance for Hippocratic Medicine, et al., vs. Food and Drug Administration et al., continues to evolve every day.
SisterLove will continue to keep you abreast of issues that arise out of mifepristone. The 5th Circuit Court of Appeals issued a decision on April 12, 2023, granting in part Defendants’ motion to stay pending appeal.
The three-judge panel determined that the statute of limitations bars the Plaintiffs’ cause of action. Therefore, U.S. Court of Appeals for the Fifth Circuit ruled late Wednesday night that mifepristone could remain available while the lawsuit remains pending before the U.S. District Court.
The three-judge panel denied the Food and Drug’s Administration’s motion in part on the grounds that certain restrictions set in stone in 2016 are not blocked by the statute of limitations.
Reproductive Justice in the Balance
Restrictions not blocked by the statute of limitations include mail order delivery of mifepristone.
The 5th Circuit Court of Appeals also placed restrictions on the distribution of mifepristone during the first 10 weeks of pregnancy. The three-judge panel rolled back the availability of mifepristone to seven weeks.
Given the national ramifications of a mifepristone block, the 5th Circuit Court of Appeals placed the matter on the May 17th, 2023, Oral Arguments calendar.
The Biden Administration filed an application with the U.S. Supreme Court seeking to stay all matters related to mifepristone on Friday, April 14, 2023.
If the Biden Administration’s application is approved by the presiding supreme court justice, mifepristone would remain on the national market. Danco, manufacturer of brand name for mifepristone, filed an application with the U.S. Supreme Court citing the importance of embracing the scientific authority of the Food and Drug Administration.
Justice Samuel Alito, the Supreme Court Justice with jurisdiction over applications from the 5th Circuit, issued a temporary stay of the 5th Circuit Court of Appeals decision as well as the Northern District of Texas order.
Justice Alito issued the order permitting the distribution of mifepristone by midnight Wednesday, April 19, 2023.
Standing Firm in the Face of Controversy
SisterLove supports the right of women, girls, and gender expansive groups to choose their own path, whether it be to give birth to a child or to terminate a pregnancy.
We will continue to stand firm for sexual reproductive justice. We stand strong with all women and will continue to fight for a system that protects the right bodily autonomy.