Appeals Court Weighs Mifepristone Case
Judges of the 5th U.S. Circuit Court of Appeals in Louisiana appeared to be leaning toward limiting access in a hearing that Politico labeled as "surreal."
NBC News:
Appeals Court Appears Skeptical Of Keeping Full Access To Abortion Pill Mifepristone
The federal judges who heard arguments Wednesday in the fight over access to the most commonly used abortion pill in the U.S. questioned the Biden administration's position that the drug mifepristone should remain widely available. The hearing at the 5th U.S. Circuit Court of Appeals in Louisiana included arguments from the Justice Department and drugmaker Danco Laboratories on one side and a group of doctors and medical professionals who oppose abortion on the other. The three-judge panel heard the case after the Supreme Court said the status quo on mifepristone's availability should remain in place while the appeals process plays out. (Gregorian and Junod, 5/17)
Politico:
Six Surreal Moments From The 5th Circuit Argument On The Abortion Pill
Judge Jennifer Walker Elrod focused on FDA decisions that allowed doctors to prescribe the drug and send the pill by mail without ever seeing the patient in person — a policy that began in 2021 as a pandemic accommodation and later became permanent. Referring to the practice as “the telemedicine situation” and the “mail business thing on the computer,” Elrod expressed skepticism that these remote options are safe. She asked Justice Department attorney Sarah Harrington how doctors can determine how far along a patient is in pregnancy or whether they may have an ectopic pregnancy without an in-person examination. (Ollstein and Gerstein, 5/17)
The Hill:
Judge In Abortion Pill Case Asks If Mother’s Day Is ‘Celebrating Illness’
A federal appeals court judge on Wednesday questioned a lawyer for Danco, the manufacturer of the brand name abortion pill mifepristone, about whether Mother’s Day is “celebrating illness,” during oral arguments over the drug’s approval. Judge James Ho, an appointee of former President Trump, expressed doubts about the Food and Drug Administration’s (FDA) use of an expedited process to approve mifepristone more than 20 years ago. The accelerated approval process is typically reserved for medications used to treat serious or life-threatening illnesses. “Pregnancy is not a serious illness,” Ho said, later adding, “When we celebrated Mother’s Day, were we celebrating illness?” (Shapero, 5/17)
Reuters:
Factbox: Who Are The Judges Who Will Decide The Appeal Over The Abortion Pill?
All three of the judges on the 5th U.S. Circuit Court of Appeals panel that will hear the Biden administration's appeal to keep the abortion pill mifepristone on the market are staunchly conservative, with a record of opposing abortion rights. Here is a look at their records. (Pierson and Thomsen, 5/17)
More about mifepristone —
The Washington Post:
Abortion Pill Mifepristone Is Approved In More Than 90 Countries
In 1988, France and China became the first countries to authorize the use of mifepristone. Thirty-five years later, at least 94 countries have approved the drug to some degree, according to Gynuity Health Projects, a reproductive health research organization that seeks to improve access to abortion. The group used World Health Organization data, government websites and its own research to track regulatory approval of the drug over time. (Berger and Klimentov, 5/17)
NPR:
Beyond The 'Abortion Pill': Real Stories About Mifepristone
For a while, it was known as RU-486. It's called Mifeprex or mifepristone – but many know it as "the abortion pill." It is one of two drugs – along with misoprostol – that are used in more than half of abortions in the U.S. now. And it is the subject of a federal court case that could make it illegal. As attorneys gather in New Orleans this week at the 5th Circuit Court of Appeals to argue whether this medication should be removed from the market all over the country, NPR asked people to share their experiences with using mifepristone. More than 150 people responded. (Sullivan and Simmons-Duffin, 5/17)
