Dear Team,

The case threatening medication abortion across the United States is changing and moving quickly and it can be confusing. Here's what you need to know about the case, how we got here, and what this means for access to medication abortion in the U.S.

What's at stake?

The case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Association (FDA), revolves around a medicine called mifepristone, one of two drugs used in medication abortion. This is the method used in over half of all abortions in the United States. The FDA approved mifepristone in 2000 and the scientific consensus is that mifepristone is very safe and effective. The plaintiffs want mifepristone removed from the market nationwide.

Who are the players?

The plaintiffs, a group of anti-abortion extremists called Alliance for Hippocratic Medicine (AHM), sued the FDA, challenging its approval of mifepristone. They wrongly claim that the drug is insufficiently studied. This is false. Decades of scientific evidence show the safety and efficacy of medication abortion. Because the FDA is a government agency, it’s being represented in court by the U.S. Department of Justice (DOJ).

How did we get here?

Plaintiffs brought the case before a district court in Texas. Judge Kacsmaryk has issued multiple major anti-immigrant, anti-LGBTQ+, and anti-reproductive rights opinions. On April 7, Judge Kacsmaryk ruled in favor of AHM, but said the order would not go into effect for seven days. The DOJ quickly appealed the district court order and on April 12, the Fifth Circuit Court of Appeals largely refused to block the order. The DOJ announced the next day that they would seek emergency relief from the U.S. Supreme Court.

What does the latest ruling mean?

The Fifth Circuit ruling attempts to reinstate old, more restrictive rules around the use of mifepristone which will make it harder to access this critical care. This is an unacceptable step backwards, undoing many years of progress toward expanding access to medication abortion. Like the district court's ruling, the Fifth Circuit's decision disregards the medical evidence showing that mifepristone is safe and effective and relies instead on disproven junk science to make their case.

Now what?

On April 14, the U.S. Supreme Court temporarily prevented the radical court order from taking effect just hours before it was set to do so. The full Supreme Court is expected to weigh in this week on whether to grant a longer-term stay while the case proceeds. This decision means that mifepristone remains available and that patients can still access the care they need, until at least Wednesday night.

We cannot turn back the clock on reproductive health.

The Fifth Circuit's decision would unleash chaos. It attempts to reinstate burdensome restrictions for patients and providers, and it is wrong on the facts, and wrong on the law. Limiting access to mifepristone will delay and outright deny people’s access to abortion while exacerbating confusion for patients and providers. If this ruling goes into effect, it would be disastrous. Millions more Americans would lose access to abortion care just nine months after the U.S. Supreme Court overruled Roe v. Wade.

What does the future of medication abortion hold?

Things are uncertain right now. Courts in Texas and Washington have issued conflicting orders and it is uncertain how access will play out. One thing is certain, no judge's ruling can change the scientific and medical facts that mifepristone is safe and effective and should be available to all those seeking care.

This case is moving quickly, but so are we. To get the most up-to-date information, please follow us on Twitter and Instagram. With you by our side, we will never stop fighting to expand access to abortion.

In solidarity,

Center for Reproductive Rights