WASHINGTON: On Wednesday, administration of the US President Joe Biden appealed to a court to overrule its ‘conservative’ order banning the abortion pill mifepristone.
According to a Reuters report, the administration appealed to the court to overrule a conservative order which prohibited the use of the abortion pill mifepristone by suspending the federal regulatory approval for it in a legal challenge by anti-abortion parties. The US Justice Department made the filing to the 5th US Circuit Court of Appeals based in New Orleans.
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According to reports, the New-Orleans based Court of Appeals is set to hear May 17 arguments on the matter after the Supreme Court put the April 7 order on hold. Meanwhile, Danco Laboratories which manufactures the drug is expected to make a separate filing with the 5th Circuit, reported Reuters.
Mifepristone was approved by the US agency, Food and Drug Administration (FDA), known for approving products and medical devices in line with safety protocols, and is taken with a companion drug called misoprostol in order to abort a pregnancy across the US for most of its recorded abortions.
Recently, anti-abortion groups led by the Alliance for Hippocratic Medicine and anti-abortion doctors sued the FDA for failing to “fully evaluate” the safety of the drug and removing “critical safeguards” on what they consider dangerous drugs. The FDA, which has the support of major medical groups has rebutted that mifepristone is safe and effective.
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Lately, the Biden administration is also supporting the drug against abortion bans and restrictions since the Supreme Court overturned the 1973 Roe vs. Wade decision, in June 2022, legalizing the procedure across the US. After which, a panel consisting of three 5th Circuit judges is set to hear arguments on whether they should uphold Texan judge, Matthew J. Kacsmaryk’s order.
It is worth mentioning that the 5th Circuit has a ‘conservative’ reputation since twelve of its sixteen active judges were reportedly appointed by Republican presidents.
According to international media, the panel’s decision will focus on the appeal, however, last week’s Supreme Court ruling has ensured the drug will remain accessible to the public during the appeal process.
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According to a Reuters report, the plaintiffs filed the case in Amarillo, Texas to ensure it would pass through Judge Kacsmaryk, who is a long-time Christian legal activist in opposition to abortion. In lieu of Kacsmaryk’s order, recent actions pertaining to the administration and accessibility to mifepristone, of the FDA would also be rolled back.
Apart from Kacsmaryk, another judge in Spokane has issued an order to limit the FDA from imposing new restrictions. According to media reports, the order will remain intact and would be in conflict with future banning and/or restrictions of the medicative abortion drug.
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