Posted on May 18, 2023
Abortion pill case moves to appeals court, on track for Supreme Court
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Lawyers seeking to preserve pregnant women’s access to a drug used in the most common method of abortion got pushback Wednesday from appellate judges with a history of supporting abortion restrictions.
A three-judge panel of the 5th U.S. Circuit Court of Appeals heard arguments over whether the Food and Drug Administration approval of mifepristone should be revoked more than two decades after it was granted. The case is likely to wind up at the Supreme Court, which already intervened to keep the drug available while the legal fight winds through the courts. The high court's decision came after a Texas-based judge revoked the drug's approval.
Biden administration attorney Sarah Harrington opened by calling U.S. District Judge Matthew Kacsmaryk's April 7 ruling an “unprecedented and unjustified attack on the FDA's scientific expertise.”
“I hate to cut you off so early, but you said, `unprecendented'," Judge James Ho said, referring to an unrelated case that was argued Tuesday. “We had a challenge to the FDA just yesterday.”
“Yes, but I don't think there's ever been a court that has vacated the FDA's determination that a drug is safe to be on the market. ... It's not a court's role to come in and second-guess that expertise,” Harrington told Ho, who was appointed to the court by former President Donald Trump.
A three-judge panel of the 5th U.S. Circuit Court of Appeals heard arguments over whether the Food and Drug Administration approval of mifepristone should be revoked more than two decades after it was granted. The case is likely to wind up at the Supreme Court, which already intervened to keep the drug available while the legal fight winds through the courts. The high court's decision came after a Texas-based judge revoked the drug's approval.
Biden administration attorney Sarah Harrington opened by calling U.S. District Judge Matthew Kacsmaryk's April 7 ruling an “unprecedented and unjustified attack on the FDA's scientific expertise.”
“I hate to cut you off so early, but you said, `unprecendented'," Judge James Ho said, referring to an unrelated case that was argued Tuesday. “We had a challenge to the FDA just yesterday.”
“Yes, but I don't think there's ever been a court that has vacated the FDA's determination that a drug is safe to be on the market. ... It's not a court's role to come in and second-guess that expertise,” Harrington told Ho, who was appointed to the court by former President Donald Trump.
Abortion pill case moves to appeals court, on track for Supreme Court
Posted from opb.org
Abortion
Medical
Health
Drugs
Pharmaceuticals
Posted >1 y ago
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FOr or against this, it is an over reach by the courts IMHO. What comes next? Example: Vegans & PETA protesting parents feeding their children meat? Because that can be linked to premature death and other illnesses. There is so many things that can be brought forward, that we will end up eating nothing but tofu, wearing clothes made from old tree bark, and who knows what. Again, I don't care what side you stand on this issue, but having the court decides this very dangerous.
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