New: Fifth Circuit reinstates some restrictions on abortion drug

The ruling by three judges on the 5th U.S. Circuit Court of Appeals in New Orleans overturned part of a lower court ruling that revoked the Food and Drug Administration’s approval — more than two decades ago — of mifepristone. But it left intact part of the ruling that would end the availability of the drug by mail and require that the drug be administered in the presence of a physician.

Those restrictions won’t take effect, at least right away, because the Supreme Court previously intervened to keep the drug available during the legal fight.

[I wonder whether that TRO will stay in place now, though. The Supreme Court stayed the district court while this appeal was being decided. Now that it’s been handed down and now requires a physician to administer it, the Supreme Court might be tempted to get this off the “shadow docket,” so to speak. Regardless, this will end up at the Supreme Court soon on the merits anyway. — Ed]