Here’s a look at what has happened so far, the conflicting rulings and how the legal fight might be expected to unfold.
Texas Mifepristone Ruling Threatens Abortion Access in States Where Procedure Is Legal, Attorneys General SayThe Texas lawsuit over mifepristone was filed in Amarillo late last year. Alliance Defending Freedom, a conservative Christian legal group, represents the pill's opponents, who say the FDA's approval of mifepristone was flawed. Erin Morrow Hawley, the wife of Republican Sen. Josh Hawley of Missouri, is one of the lead lawyers in the case.
The Washington state ruling was issued by Spokane-based Judge Thomas O. Rice, an appointee of former President Barack Obama.The Biden administration is asking the New Orleans-based 5th U.S. Circuit Court of Appeals to prevent Kacsmaryk’s ruling from taking effect for now. Late Monday, the appeals court ordered the other side to respond by midnight Tuesday.
For now, at least, the Texas case seems a better bet to reach the Supreme Court. But it’s not totally clear how the Washington ruling might affect Kacsmaryk's order. The judges also could grant a more lasting stay of Kacsmaryk’s ruling in the first instance, once both sides have made arguments in writing. The appeals court could also reject the administration’s plea.Whatever happens at the appeals court, the losing side will almost certainly will take its case to the Supreme Court. Once again, the administration could first ask for an immediate pause to give the justices more time to fully consider the issue.
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