We already know how this will play out:
A federal appeals court on Wednesday seemed prepared to limit access to a key abortion medication first approved more than two decades ago, expressing deep skepticism that the government followed the proper process when it loosened regulations to make the pill more readily available.
A panel of three judges, all of whom have previously supported other types of abortion restrictions, peppered lawyers for the government and the drug manufacturer with questions about why the Food and Drug Administration has allowed mifepristone to be prescribed by a medical professional other than a doctor and sent directly to patients by mail.
The judges also appeared to embrace the suggestion that restoring prior restrictions on mifepristone would mean fewer women would need emergency care after using medication to terminate a pregnancy. Serious side effects occur in less than 1 percent of such abortions.
Judge James C. Ho rejected the government’s argument that the court should not second-guess the expertise of the FDA, which first approved mifepristone in 2000. The medication is part of a two-drug regimen used in more than half of U.S. abortions, though the second drug — misoprostol — can also be used on its own to terminate a pregnancy.
“I don’t understand this theme that FDA can do no wrong,” Ho said. “We are allowed to look at the FDA just like we’re allowed to look at any agency. That’s the role of the courts.”
Judge Jennifer Elrod took the unusual step of chastising the drug company’s lawyer for pointed language in court filings that criticized an April ruling by U.S. District Judge Matthew Kacsmaryk of Texas that would outright suspend FDA approval of the drug.
Wednesday’s hearing at the conservative U.S. Court of Appeals for the 5th Circuit was to consider an appeal of that ruling by lawyers for the Justice Department, representing the FDA, and the drug manufacturer Danco Laboratories. Revoking approval of mifepristone, they have said in court filings, would also jeopardize access to non-abortion drugs and more broadly impact medical research and innovation.
The judges randomly assigned to the case are Ho and Judge Cory T. Wilson — both nominated by President Donald Trump — and Elrod, a nominee of President George W. Bush. Regardless of how they rule, mifepristone will remain available under existing regulations until the case is resolved, probably by the Supreme Court...
Three "randomly assigned" judges from an overwhelmingly right- wing circuit court of appeals in a case that was judge-shopped from the beginning when the plaintiffs went to notorious right- wing forced- birth judge Matthew Kacsmaryk, a Malignant Loser appointee. Who wants to bet that the Republican Supreme Court, with 6 right- wing Republican justices, will uphold any restrictions placed on mifepristone by the lower court?
