The ruling late Wednesday temporarily narrowed a decision by a lower court judge in Texas that had completely blocked the Food and Drug Administration's approval of the nation's most commonly used method of abortion. The Texas order unsettled abortion providers less than a year after the reversal of Roe v. Wade already dramatically curtailed abortion access.The case may now be headed to the U.S. Supreme Court.
But in the 2-1 vote, the panel of judges put on hold changes made by the regulator since 2016 that relaxed the rules for prescribing and dispensing mifepristone. Those included extending the period of pregnancy when the drug can be used from seven weeks to 10, and also allowing it to be dispensed by mail, without any need to visit a doctor's office.
The appeals court judges in the majority noted that the Biden administration and mifepristone's manufacturer "warn us of significant public consequences" that would result if mifepristone were withdrawn entirely from the market under the lower court ruling. If the appeals court's action stands, those would again be the terms under which mifepristone could be dispensed for now.
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