Federal appeals court orders FDA to restore in-person dispensing safeguards for mifepristone pending appeal

PHOENIX — In a significant victory for life and the rule of law, the U.S. Court of Appeals for the 5th Circuit ruled today that the U.S. Food and Drug Administration must reinstate the in-person dispensing requirement for the abortion drug mifepristone. The order halts a 2023 Biden administration policy that had opened the door for pro-abortion doctors and activists to mail high-risk chemical abortion drugs into pro-life states — including Arizona — in direct defiance of state law.

Peter Gentala, President of Center for Arizona Policy, praised the decision: “Today’s ruling is a long-overdue restoration of common sense, sound science, and respect for the democratic process. For more than two years, the FDA’s reckless mail-order scheme has flooded pro-life states with high-risk chemical abortion drugs, nullified laws passed by the people’s elected representatives, and put women and unborn children in serious danger. The 5th Circuit has now called this scheme exactly what it is: arbitrary, unlawful, and a calculated end-run around Dobbs. We are deeply grateful to Louisiana Attorney General Liz Murrill and our friends at Alliance Defending Freedom for refusing to look away while women were coerced and unborn lives were lost. Arizona families should take heart, the rule of law still has defenders willing to fight for it, and prepared to win.”