In this photo illustration, packages of Mifepristone tablets are displayed at a family planning clinic. (Photo illustration by Anna Moneymaker/Getty Images)
An appeals court ruling doesn’t change the rules in Ohio for a medication used not only to terminate pregnancies, but also for miscarriage treatment.
The 5th Circuit Court of Appeals ruled last week that mifepristone could stay on the market, but that ruling will be on hold as the country awaits the U.S. Supreme Court’s decision on whether or not they will consider the case.
In Ohio, the two-pill regimen used in abortion and miscarriage treatments, mifepristone and misoprostol, is still legal while the court decision is on hold. The regimen’s brand name is Mifeprex, and was approved by the FDA in 2000. The generic version was approved in 2019.
Jessie Hill, a law professor at Case Western Reserve University and a representative of pro-abortion rights groups in several lawsuits, along with the push for a constitutional amendment on abortion set for the November ballot.
“This doesn’t change abortion access at the time because of a Supreme Court order from early this spring, which blocked any lower court rulings until they have a chance to make a decision,” Hill said in a tweet after the appeals court ruling was issued. “This likely won’t occur until at least spring of 2024.”
Hill emphasized the legality of abortion as a whole in Ohio, which is permitted until 22 weeks after the last menstrual period. She also called mifepristone “incredibly safe, with lower complication rates than penicillin and Viagra.”
The U.S. Food and Drug Administration also called mifepristone “safe when used as indicated and directed,” and said it was approved “based on a thorough and comprehensive review of the scientific evidence presented and (the FDA) determined that it was safe and effective for its indicated use.”
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