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Here’s a Rundown of the 5th Circuit’s Latest Decision on Mifepristone

Here’s a Rundown of the 5th Circuit’s Latest Decision on Mifepristone

Access to mifepristone remains unchanged as litigation continues to play out.

Part of a Series

On August 16, 2023, the U.S. Court of Appeals for the 5th Circuit issued a new ruling in the ongoing litigation over the approval of mifepristone. If allowed to go into effect, the 5th Circuit’s decision would effectively roll back the regulatory clock—and the corresponding years of medical consensus reflected in the U.S. Food and Drug Administration’s decision-making process—to reinstate restrictions on mifepristone that would make it harder to access.

For now, access to mifepristone remains unchanged and available in states where abortion is legal. All focus is now on the U.S. Supreme Court as it determines next steps in this baseless legal challenge over access to medication abortion.

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Sabrina Talukder

Director, Women’s Initiative

Maggie Jo Buchanan

Former Senior Director and Senior Legal Fellow, Women’s Initiative

Becca Damante

Former Senior Policy Analyst

Kierra B. Jones

Senior Policy Analyst


Hai-Lam Phan

Senior Director, Creative

Matthew Gossage

Events Video Producer

Toni Pandolfo

Video Producer, Production


Women’s Initiative

The Women’s Initiative develops robust, progressive policies and solutions to ensure all women can participate in the economy and live healthy, productive lives.

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Photo shows a close-up shot of the top of the U.S. Supreme Court building with the sunset light hitting it, against a blue sky.

This series explores recent court rulings on medication abortion and explains how they will affect Americans' access to abortion across the country and highlight the growing politicization of the judiciary.


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