A federal appeals court temporarily reinstated a nationwide requirement that abortion pills be obtained in person, undermining access to the method of abortion that has only grown more widespread since the US Supreme Court overturned Roe v. Wade.
Friday’s ruling from the 5th US Circuit Court of Appeals is a major victory in the anti-abortion movement’s war against medication abortion, which now accounts for roughly two-thirds of all abortions in the United States.
The ruling stems from a lawsuit filed by Louisiana last year against the US Food and Drug Administration, after President Donald Trump’s administration refused to act on calls to reinstate the in-person dispensing requirement for abortion pills through the regulatory process.
The opinion was written by Trump-appointed Circuit Judge Kyle Duncan, joined by Circuit Judges Leslie Southwick and Kurt Engelhardt, who were appointed by Presidents George W. Bush and Trump, respectively.
Referring to Louisiana abortion prohibitions, they wrote that the current federal regulations create “an effective way for an out-of-state prescriber to place the drug in the hands of Louisianans in defiance of Louisiana law.”
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