Abortion pill opponents appear to get favourable hearing at U.S. appeals court
From the start of the high-stakes oral arguments before the 5th U.S. Circuit Court of Appeals in New Orleans, all three judges on the panel repeatedly pressed lawyers for the U.S. government and Danco Laboratories, which sells the drug under the brand name Mifeprex.
The challenge to the drug’s availability comes as Republican-led states have enacted an increasing number of abortion bans and restrictions since the U.S. Supreme Court in June overturned its landmark 1973 Roe v. Wade decision that had legalized the procedure nationwide. The emergency room doctors said in court filings they were being forced to complete surgical abortions, which was against their conscience, for women who took the pill but failed to complete a medical abortion.“It just strikes me that what the FDA has done in making this more available,” said Circuit Judge Cory Wilson, “is you’ve made it much more likely that patients are going to go to emergency care or a medical clinic where one of these doctors are a member.
Walker Elrod told Danco’s attorney she was concerned about “unusual remarks” in the company’s briefs, which described the Kacsmaryk ruling as an “unprecedented judicial assault” on the regulatory process.
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