A federal appeals court tore apart the Biden administration’s arguments for why the federal government’s regulatory approval of an abortion pill should be left in place
The judges on the US 5th Circuit Court of Appeals showed sympathy for the arguments put forward by anti-abortion actors who are challenging the FDA’s 2000 approval of mifepristone, a drug used in medication abortion and the actions taken by the agency since that made the pills easier to obtain. However, the judges did indicate they are considering the Justice Department’s arguments that the challengers are time-barred from challenging the nearly 23-year old approval of the drug.
“It’s a battle of evidence and you have now two federal district courts in this country that have opposite opinions,” said Rachel Rebouche, the dean of Temple University Beasley School of Law and a reproductive law expert. “They have different conceptions about what is mifepristone’s safety and efficacy,” Rebouche added. “We should care about a decision of an appellate federal court that embraces one version of science and rejects another.
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