Trump’s Conflicted Views Are Complicating Abortion Policy: The Mifepristone Problem

On Thursday, the Supreme Court applied a stay to the Fifth Circuit Court of Appeals’ decision to block the FDA’s 2023 regulations allowing the abortion pill, mifepristone, to be prescribed via telemedicine and shipped through the mail. It comes at a time of deep tension between the Trump administration and pro-life advocates, and at a point where the FDA and Department of Justice are in flux. The decision should be an inflection point to prompt the Trump administration to restrict mifepristone immediately.

In this lawsuit, Louisiana sued the FDA over the loosened 2023 Risk Evaluation and Mitigation Strategies (REMS) regulations for mifepristone. Abortion drug manufacturers Danco Laboratories and GenBioPro intervened as defendants. Last month, the Fifth Circuit granted Louisiana’s request to stay the 2023 REMS for the duration of its litigation, affirming that Louisiana would likely succeed on the merits and would be irreparably harmed if the REMS continued to stay in force.

JG

About the Author

John Gerardi

John Gerardi is the executive director of Right to Life of Central California in Fresno. A lawyer and the founding CEO and current development director of the Obria Medical Clinics of Central California, he hosts the radio shows and podcasts The John Gerardi Show and Right to Life Radio.

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On Thursday, the Supreme Court applied a stay to the Fifth Circuit Court of Appeals’ decision to block the FDA’s 2023 regulations allowing the abortion pill, mifepristone, to be prescribed via telemedicine and shipped through the mail. It comes at a time of deep tension between the Trump administration and pro-life advocates, and at a point where the FDA and Department of Justice are in flux. The decision should be an inflection point to prompt the Trump administration to restrict mifepristone immediately.

In this lawsuit, Louisiana sued the FDA over the loosened 2023 Risk Evaluation and Mitigation Strategies (REMS) regulations for mifepristone. Abortion drug manufacturers Danco Laboratories and GenBioPro intervened as defendants. Last month, the Fifth Circuit granted Louisiana’s request to stay the 2023 REMS for the duration of its litigation, affirming that Louisiana would likely succeed on the merits and would be irreparably harmed if the REMS continued to stay in force.