There is good news and bad news for supporters and opponents of the abortion pill, mifepristone. On Wednesday, three judges on the 5th U.S. Circuit Court of Appeals in New Orleans overturned a lower court ruling that revoked the Food and Drug Administration’s (FDA) approval of mifepristone. The ruling left in place the restriction on the availability of mifepristone by mail and it requires the drug to be administered in the presence of a physician.

It’s still on the way to the Supreme Court. The restrictions won’t take effect right away. The Supreme Court previously ruled that the drug be kept available during the legal battle.

Texas-based U.S. District Judge Matthew Kacsmaryk created a stir when he took the highly unusual action of revoking the FDA’s approval which was granted over 20 years ago. It is the responsibility of the FDA to monitor medicines on the market, evaluate emerging issues, and take action to protect U.S. patients, not the courts. Revoking the FDA’s approval was a stretch, I think most people recognized that. Having a physician or even a nurse practitioner makes sense. Mifepristone is treated by pro-abortion supporters as though it is not the serious drug it is. Things can go wrong and a medical professional would be needed, in case of excessive hemorrhaging, for example.

The other drug used, misoprostol, is less effective for abortions. It is used to treat other conditions. Abortion providers say they can switch to misoprostol if mifepristone is no longer available, or too hard to get.

On May 17 a hearing was held by the 5h Circuit panel consisting of Judges Jennifer Walker Elrod, James Ho and Cory Wilson. They frequently pushed back on arguments by Kacsmaryk in his April 7 ruling. They said his ruling was unprecedented and unwarranted.

For those keeping track at home (I always like to know), Kacsmaryk, Ho, and Wilson were appointed by Trump. Elrod was appointed by former President George W. Bush. All of the judges have a pro-life history.

The Alliance Defending Freedom filed the Texas lawsuit. It is a conservative Christian legal group that was also involved in the Mississippi case – Dobbs v. Jackson Women’s Health Organization – that led to the overturning of Roe v Wade in June 2022 by the Supreme Court.

So, to recap, the abortion drug, mifepristone, is no longer available for mail order abortions, and must be administered with a physician present. The drug’s FDA approval, however, remains intact. Now we wait for a ruling on the case in the Supreme Court.