A House Appropriations subcommittee advanced its fiscal 2024 spending bill for the Food and Drug Agency on Thursday, sneaking in a provision that would reverse the agency’s decision to allow the abortion pill mifepristone to be delivered by mail.
The Agriculture, Rural Development, Food And Drug Administration, And Related Agencies subcommittee advanced the spending bill on Thursday, with Republicans sneaking in a bill rider that would reverse the agency’s decision despite pushback from subcommittee Democrats.
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The provision comes after the FDA finalized a rule change earlier this year that allows mail-order deliveries of mifepristone, prompting legal challenges from Republicans who say the decision was “deeply flawed.” That challenge is still being played out in court which could have major effects even in states where abortion is legal.
The FDA temporarily suspended rules requiring women to pick up mifepristone prescriptions in person during the COVID-19 pandemic, allowing pharmacies to deliver them by mail. The agency then made that rule change permanent in January, expanding the number of pharmacies that could dispense the medication.
A group of anti-abortion doctors and activists filed a lawsuit soon after, resulting in a ruling by Judge Matthew J. Kacsmaryk of the Northern District of Texas that invalidated the FDA’s approval of mifepristone altogether. The FDA first approved mifepristone in 2000 for abortions up until seven weeks gestation, which was later extended to 10 weeks in 2016.
A three-judge panel for the U.S. Court of Appeals for the Fifth Circuit in New Orleans later struck down portions of that ruling, but implemented a number of significant restrictions on the pill.
Part of those restrictions included a provision that would require mifepristone to be prescribed by a doctor and picked up in person by the patient.
The Supreme Court later halted that ruling from taking effect after an appeal was made, keeping the pill widely available by mail until a decision is made. That process could take months as either side is expected to appeal whatever decision is made, likely moving the case before all the circuit judges.
After that, the losing party could bring the decision all the way to the Supreme Court. Mail-order access to mifepristone would remain unchanged until the Supreme Court issues a decision.
Democrats on the subcommittee protested the inclusion of the bill rider in the fiscal spending bill, but no lawmaker introduced an amendment to have it removed. Republicans included a number of other provisions in the spending bill, including a provision that would prevent the Department of Health and Human Services from banning menthol in cigarettes.
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“I strongly oppose both these riders in the interest of public health,” Appropriations Committee ranking member Rosa DeLauro (D-CT) said during the bill markup on Thursday.
The spending bill now heads to the full committee for approval.
