5th Circuit Ruling Could Cut U.S. Abortion by 15%—140,000 Fewer Abortions

For Immediate Release: August 16, 2023

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Wednesday, August 16, 2023—The U.S. 5^th Circuit Court ruled against the FDA’s “unlawful” deregulation of the dangerous chemical abortion drug, Mifepristone. The court’s ruling will not go into effect until after the Supreme Court reviews the decision and determines if it will step in or let the 5^th Circuit’s ruling stand. If let stand, the ruling could cut the nation’s abortion numbers by as much as 15%, says pro-life strategist and medical ethicist, Rev. Jim Harden.

The three-judge panel ruled that the FDA must reverse all regulations on Mifepristone back to the FDA’s initial approval of the drug during the Clinton administration in the year 2000. This means that 1) a doctor must confirm the pregnancy prior to dispensing the drug, 2) it cannot be dispensed after 7 weeks gestation, 3) only a doctor can dispense the drugs, 4) there must be follow-up to ensure no adverse events from the dangerous drug have occurred, and 5) that all adverse events from the drug’s use be reported to the FDA. The Court also reiterated that it has been and remains illegal to send Mifepristone through the mail per the Comstock Act.

Even if SCOTUS allows the 5^th Circuit ruling to stand, Mifepristone will still be available in abortion hub states like New York. The abortion capital of the U.S., New York State, has promised to protect abortionists from criminal liability for mailing the drugs across state lines in violation of state or federal law. Because of this, women are more at risk for chemical abortion injury now than ever before.

In preparation for this moment, states like NY, IL, and WA have been stockpiling dangerous chemical abortion drugs. However, since the growing number of states restricting abortion represent 30% of all abortion and half of all abortions are chemical, this decision would cut abortion numbers in the U.S. by as much as 140,000 per year.

Rev. Harden says, “To be clear, pro-lifers should be cautiously optimistic. Pending the Supreme Court’s review, the drug remains available to women without medical oversight. Furthermore, the abortion industry continues to illegally ship the drug to women’s homes in violation of U.S.C. 18 sections 1461 and 1462.”

The 5^th Circuit’s ruling and the Supreme Court’s pending decision (or lack thereof) may spark increased attacks against pro-life pregnancy centers. CompassCare’s security team has notified the local police and is on heightened alert.