April 12, 2023court rulingreproductive health policyFDA drug approvalfederal courtsREMSreproductive rightsjudicial powerfederal courts
Fifth Circuit issues partial stay of Kacsmaryk mifepristone ruling
A Fifth Circuit three-judge panel issued a partial stay of Judge Matthew Kacsmaryk's April 7 order suspending the FDA's mifepristone approval. The panel preserved the 2000 original approval on statute-of-limitations grounds but left intact the suspension of all post-2000 REMS modifications, effectively reverting access to 2000-era rules. The ruling barred mail dispensing and telehealth prescribing and limited use to seven weeks gestation, forcing the question to the Supreme Court within days.