Key takeaways:
- The 5th Circuit Court of Appeals heard oral arguments in a case that could potentially restrict access to the abortion pill mifepristone.
- The case was brought forth by anti-abortion plaintiffs in November 2022, who argued that the FDA had acted outside of its authority when it approved of mifepristone.
- If the court rules in favor of the anti-abortion plaintiffs, access to mifepristone could be significantly restricted, impacting women’s access to safe and legal abortions in the US.
A panel of 5th Circuit Court of Appeals judges heard oral arguments on Wednesday in a case that could potentially restrict access to the abortion pill mifepristone. The judges, all Republican appointees, appeared to be leaning toward restricting access to the drug.
The case was brought forth by anti-abortion plaintiffs in November 2022, who argued that the Food and Drug Administration (FDA) had acted outside of its authority when it approved of mifepristone and then expanded access to the drug by allowing it to be dispensed via mail.
Judge James Ho, a Donald Trump appointee, regurgitated a false argument by the anti-abortion doctor plaintiffs that the FDA classified pregnancy as an illness to rush mifepristone through the approval process. U.S. District Judge Matthew Kaczmaryk in Texas ruled last month that the FDA’s approval of mifepristone was unlawful and that the drug should be withdrawn from the market.
Mifepristone has been widely available for 23 years following its approval by the FDA in 2000. It is used to terminate a pregnancy in the early stages, and is considered to be a safe and effective option for women seeking abortions.
The 5th Circuit Court of Appeals is expected to make a ruling on the case in the coming weeks. If the court rules in favor of the anti-abortion plaintiffs, access to mifepristone could be significantly restricted. The decision could have a major impact on women’s access to safe and legal abortions in the United States.
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