WaPo: Appeals Court Likely To Uphold Abortion Pill Ban

The Washington Post reports:

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 FDA has allowed mifepristone to be prescribed by a medical professional other than a doctor and sent directly to patients by mail.

“These actions do not reflect ‘scientific’ judgment but politically driven decisions to unlawfully push a dangerous regimen,” wrote lawyers for the Christian conservative group, Alliance Defending Freedom.

Read the full article.

Appeals court appears likely to restrict access to key abortion pill https://t.co/osf5cOVFZ4

— Post Politics (@postpolitics) May 17, 2023

As expected, the Fifth Circuit’s argument in the mifepristone case so far consists entirely of the Republican judges searching for a reason — any reason — to ban mifepristone.

— Ian Millhiser (@imillhiser) May 17, 2023

The plaintiffs in the Texas suit argue that the 1873 “Comstock Act ‘explicitly forbids’ mailing [abortion pills] to any state, whether abortion is legal there or not.” If the ultraconservative Fifth Circuit agrees, SCOTUS should reverse but might not. https://t.co/skE0oHYoQD

— Laurence Tribe ?? ⚖️ (@tribelaw) May 17, 2023