A federal appeals court ruling that prohibits mailing the most common abortion pill nationwide will not immediately disrupt medication abortion access in New York City, providers say. Instead, they’ll mail a different medication.
A panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled unanimously Friday that mifepristone, one of two drugs used in most medication abortions, may only be prescribed and distributed in person. The ruling stems from a lawsuit brought by Louisiana that argued remote prescriptions undermined the state’s abortion ban.
In response, Planned Parenthood of Greater New York said it would continue mailing abortion medication through its Planned Parenthood Direct app, but would switch to misoprostol-only prescription kits, instead of having patients take mifepristone and then follow with misoprostol a few days later. The organization described misoprostol as a safe and effective option used worldwide to end early pregnancies.
The court’s ruling came the same day Planned Parenthood announced it would expand its telehealth abortion services by allowing patients to access prescriptions through its Planned Parenthood Direct app. Patients could then have the medication shipped overnight.
“Today’s decision is rooted in anti-abortion politics, not health care,” said Wendy Stark, the organization’s president and CEO. “Using mifepristone for medication abortion is safe, effective, and backed by decades of research. Whether a patient picks up the medication at a health center or pharmacy, or receives it by mail, does not change those facts.”
New York City Health and Hospitals has also been offering medication abortion by mail since after telehealth consultation since late 2023, when it became the first public health system in the country to offer the option. The agency did not immediately respond to questions about how the ruling would affect its services, however its website indicates it will likely respond similarly to Planned Parenthood.
“In the current political climate, the legal aspect of the abortion is everchanging,” the agency website reads. “We will adapt our protocols and medications as needed to comply with the law, continuing to offer safe and effective options based on research and science.”
It outlines a medication regimen consisting only of misoprostol, in the event access to mifepristone is unavailable.
The Louisiana ruling is expected to be appealed to the Supreme Court, which overturned abortion as a nationwide right in 2022 but unanimously preserved access to mifepristone two years later. Mifepristone manufacturer Danco Laboratories has asked the 5th Circuit to pause the ruling for seven days to allow time for that appeal. The FDA first determined mifepristone was safe and effective more than 20 years ago.
Medication abortions have been growing as a percentage of overall abortions in the United States following the Dobbs decision. They accounted for roughly 65% of all clinician-provided abortions in the United States in 2023, according to the Guttmacher Institute, a pro-abortion-rights research group.
