On Wednesday, August 16, 2023, the 5th US Circuit Court of Appeals affirmed the decision to severely limit mifepristone, upholding an earlier ruling by a district court that the FDA neglected its duty in protecting women and failed to safeguard against the hazards of chemical abortions.

Due to the negligence of the FDA, this abortion pill has cost the lives of millions of babies, as well as the lives of women who took those pills, along with thousands of serious complications, and they’re even used in human trafficking to end the life of unwanted babies.

How Did This All Start?

In November of 2022, the Alliance of Hippocratic Medicine sued the FDA over its policy on mifepristone. 

On April 7, 2023, federal district judge, Kacsmaryk, ordered a hold on mifepristone (one part of the abortion pill). 

On April 14, 2023, the 5th US Circuit Court of Appeals allowed the sale of mifepristone… but with more restrictions (mostly overturning what the FDA pushed through between 2016-2020). 

For example, the court ruled that mifepristone won’t be allowed through the mail to patients who did not have an in-person visit at a healthcare facility. They also ruled the drug to only be prescribed up to seven weeks of pregnancy, versus the ten weeks the FDA already set in motion. 

On April 21, 2023, the US Supreme Court stepped in to allow access to mifepristone temporarily. 

Here’s the good news…

…Based on the latest ruling from the 5th US Circuit Court of Appeals,  PreBorn! estimates that 140,000 babies will be saved each year from the tragedy of chemical abortion. 

“We’re pleased to see the Fifth Circuit protect the health and well-being of women. Tragically, complications to chemical abortions are frequent, with studies showing that one in 17 women who take the drug will require hospital treatment, and emergency room visits by women taking the drug increased by 500%. We join our brothers and sisters praying that the Supreme Court now would remove mifepristone, a drug that ends early-stage pregnancy, from the market.”

—Dan Steiner, President of PreBorn!

What’s Next?

The justice department will appeal this decision to the Supreme Court. 

Based on the earlier Supreme Court ruling, mifepristone is still allowed to be sold and distributed in the manner it was before the first ruling by Judge Kacsmaryk.

Although there’s no immediate impact on access to this abortion pill, the Supreme Court will, more than likely, revisit this issue in either 2024 or 2025. 

All of this stems from the court believing the FDA failed in its job to keep women safe. 

There are serious side effects to mifepristone, along with the claims that taking the abortion pill is simple. It’s much more involved and leads to the expelling of an aborted baby… many times on the bathroom floor of the pregnant woman who then has to see her aborted baby and dispose of the remains. 

This doesn’t even include the emotional trauma a woman faces when going through the process of expelling and seeing her aborted baby. 

What Is Mifepristone?

Mifepristone, commonly referred to as RU-486, is the generic form of Mifeprex. This is used in combination with misoprostol to terminate pregnancies.

How does it work?

  • 1. Mifepristone: This pill inhibits progesterone, which plays a crucial role in maintaining the uterine lining for a fertilized egg. Without this hormone, the lining of the uterus breaks down, killing the baby. If a woman decides she wants to keep her baby after taking mifepristone, there are treatments available to reverse the effect of the abortion pill.
  • 2. Misoprostol: After taking mifepristone, misoprostol is taken within 24-48 hours. Misoprostol induces uterine contractions to complete the process, leading to the end of the pregnancy, and expelling her baby 

In fact, a study by CRC Research found that many Americans have concerns about the FDA’s stance on the safety of mail-order abortion pills. Specifically, 75% of those surveyed felt it would have been beneficial for the FDA to conduct studies on young women under 18 before giving the green light to the abortion pill for minors.


The journey of mifepristone through the legal system over the past year has been fraught with controversy, legal battles, and strong emotions on both sides. 

The 5th US Circuit Court of Appeals’ latest decision showcases that there still is a chance to save many babies each year from the harmful effects of mifepristone and the abortion pill at large.

Together, let’s pray for the wisdom and guidance of the Supreme Court to make the decision to save babies and keep women from harm, both physically and emotionally.