Sweeping abortion pill ruling to be reviewed by conservative appeals court
Kaelan Deese
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A federal appeals court in New Orleans is hearing a crucial case Wednesday brought by anti-abortion activists seeking to ban the abortion pill mifepristone, which could have significant implications for abortion access in the United States.
The Biden administration is defending the drug’s Food and Drug Administration approval, while Danco Laboratories, the manufacturer of the drug’s brand name Mifeprex, will also present arguments. Arguments are being heard by a three-judge panel on the U.S. Court of Appeals for the 5th Circuit, which is notorious for its majority of judges appointed by Republican presidents.
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Lawyers for Biden’s Justice Department are seeking to counter the increasing abortion bans and restrictions enacted by Republican-led states since the Supreme Court last year made it easier for states to impose strict abortion restrictions. Anti-abortion groups and doctors are supporting the case against the drug and say mifepristone is unsafe, arguing its FDA approval in 2000 was rushed.
The administration is expected to posit that plaintiffs lack standing to sue in the case because they aren’t directly harmed by mifepristone’s approval. They plan to emphasize the drug’s safety, backed by extensive data and major medical associations.
By filing the case in Amarillo, Texas, the plaintiffs represented by the Alliance Defending Freedom knew it would be heard by Judge Matthew Kacsmaryk, a conservative and former Christian activist, and any appeals would go to the conservative 5th Circuit.
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Last month, the Supreme Court froze Kacsmaryk’s order that would have threatened access to mifepristone nationwide, allowing the case more time for full arguments at the appeals court level.
Arguments are slated to begin at 1 p.m. CST and can be heard live on the appeals court’s webpage.