FDA Mifepristone Appeal To Be Heard By Judges Who All Have Anti-Abortion History
A federal appeals court identified the 3-judge panel that will hear the next phase of the case that will ultimately determine if the drug used in medicated abortions can remain available in the U.S. All have a history of ruling against abortion access or have stated anti-abortion positions. Separately, clinics in three states filed a lawsuit to preserve mifepristone access.
Reuters:
Abortion Pill Case To Be Heard By Conservative, Anti-Abortion Panel
A case brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide will be heard next week by a panel of three deeply conservative judges hostile to abortion rights, a federal appeals court revealed on Monday. ... The administration will be appealing to Circuit Judges Jennifer Walker Elrod, who upheld a Texas law making it more difficult for abortion clinics to operate in the state; James Ho, who has called abortion a "moral tragedy"; and Cory Wilson, who supported abortion bans as a Mississippi state legislator. (Pierson and Thomsen, 5/8)
AP:
Abortion Clinics In 3 States Sue To Protect Pill Access
Abortion providers in three states filed a lawsuit Monday aimed at preserving access to the abortion pill mifepristone, even as the drug is threatened by a separate Texas lawsuit winding its way through U.S. court system. The lawsuit, filed in U.S. District Court in Virginia on behalf of clinics in Virginia, Montana and Kansas, is the latest legal action over the decades-old pill, which is part of the two-drug regimen used in most U.S. abortions. (Perrone and Lavoie, 5/8)
More on mifepristone —
Axios:
FDA's New Abortion Catch-22
Abortion rights advocates are trying to force the Food and Drug Administration to expand access to medication abortion — even if that winds up undercutting the agency's rulemaking discretion. The FDA's regulatory powers over drugs that terminate pregnancies are being challenged by both abortion rights and anti-abortion groups in a way that creates a "dangerous path" for the agency to make independent scientific decisions, legal experts say. (Gonzalez, 5/8)
The Washington Post:
Most Say Mifepristone Abortion Pill Should Stay On Market, Post-ABC Poll Finds
Two-thirds of Americans say the abortion drug mifepristone, used in the majority of abortions in the United States, should remain on the market, according to a Washington Post-ABC News poll. The poll finds that 66 percent of U.S. adults say mifepristone should remain on the market, while 24 percent say it should be taken off the market. Just under half, 47 percent, say access to mifepristone should be kept as is; 12 percent say it should remain on the market but be more restricted than it is now. (Guskin, 5/9)
In other abortion news —
AP:
Abortion-Restriction Effort Reintroduced In Nebraska
A new effort was introduced late Monday in the Nebraska Legislature to restrict abortion access in the state, less than two weeks after a bill that would have banned abortion at around six weeks of pregnancy failed to overcome a filibuster. The new plan to ban abortion at 12 weeks of pregnancy drew fervent protests from opponents who had been assured by Speaker of the Legislature Sen. John Arch that the abortion proposal was dead for the session. (Beck, 5/9)
AP:
Ohio Constitution Overhaul Faces Deadline, Backlash
An effort by a Republican faction in Ohio to make it harder to change the state constitution faces a critical juncture this week, with action needed in the politically fractured Ohio House where the undertaking has so far stalled. ... Abortion rights groups are working to put forward a ballot measure in November that would permanently enshrine a right to abortion in the state constitution. Certain GOP lawmakers are working to set a special election in August where voters could choose to curtail their own rights to bypass lawmakers on that and other subjects. Its backers argue publicly that the supermajority requirement will prevent deep-pocketed interest groups from targeting Ohio’s founding document, but documents and other evidence have made clear that the push is aimed at tanking the abortion measure. (Smyth, 5/9)
The Hill:
Trump Meets With Prominent Anti-Abortion Group Following Criticism
Former President Trump met with the prominent anti-abortion group Susan B. Anthony Pro-Life America on Monday after the group criticized Trump for his stance on abortion restrictions. “During the meeting, President Trump reiterated his opposition to the extreme Democratic position of abortion on demand, up until the moment of birth, paid for by taxpayers — and even in some cases after the child is born,” said Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America. “President Trump believes such a position is unworthy of a great nation and believes the American people will rebel against such a radical position that aligns us with China and North Korea.” (Vakil, 5/8)
In related news about OTC birth control pills —
ABC News:
FDA Advisory Committees Meeting To Discuss Over-The-Counter Birth Control
Advisory committees of the U.S. Food and Drug Administration are meeting Tuesday and Wednesday to review the first-ever application for an over-the-counter birth control pill. At a joint meeting, the Nonprescription Drugs Advisory Committee and the Obstetrics, Reproductive, and Urologic Drugs Advisory Committee will discuss whether pharmaceutical company Perrigo can make its oral contraceptive Opill, which currently requires a prescription, to be available on store shelves. (Kekatos, 5/9)
