The 5th Circuit blocked part of a Trump-appointed judge’s extreme ruling on abortion pill mifepristone, but the Supreme Court could still have the final word. (via Deadline: Legal Blog)
that suspended the FDA’s 2000 approval of the commonly used abortion drug mifepristone. But the three-judge panel approved part of the Trump judge’s ruling against more recent FDA actions starting in 2016 that improved access to the drug by, among other things, allowing people to receive it by mail and allowing the drug to be dispensed through 10 weeks instead of seven.
The 5th Circuit panel said it appeared the statute of limitations blocked anti-abortion plaintiffs — who brought the case to U.S. District Judge Matthew Kacsmaryk in Texas — from challenging the 2000 approval, but that the plaintiffs could challenge FDA actions starting in 2016. The panel split 2-1, with two Trump appointees in the majority and a George W. Bush appointee in dissent, saying she would have temporarily blocked Kacsmaryk’s ruling in full while litigation continues.
The federal government and the drug’s manufacturer, Danco, appealed Kacsmaryk’s April 8 order. A longtime abortion opponent — that’s why the plaintiffs brought the case to him — Kacsmaryk’s opinion purporting to halt the long-used drug’s approval relied on shoddy data, anti-abortion rhetoric and dubious legal reasoning, some of which the 5th Circuit panel on Wednesday appeared to endorse.
The precise impact of Kacsmaryk’s order is unclear at the moment. On the same day that he entered his order, a federal judge in Washington statein another case that blocks the FDA from altering the status quo on mifepristone’s availability. Those conflicting rulings could make Supreme Court resolution of the issue even more likely, where the GOP majority that overturned Roe v. Wade last year would get final say on the matter.
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