Abortion Pill Case Moves to Appeals Court, on Track for Supreme Court

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Three 5th U.S. Circuit Court of Appeals judges with a history of supporting abortion restrictions are set to hear arguments.

Harrington disputed that, saying that mifepristone is extremely safe, rarely results in complications, and that doctors could cite their conscience and refuse to participate in procedures.

Judge James Ho, another Trump nominee, told a lawyer for mifepristone maker Danco Laboratories, Jessica Ellsworth, that the argument her side was making amounts to the “FDA can do no wrong” and “Nobody should ever question the FDA.” “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,” said Ho, who went on to say that the FDA has approved drugs later found to have safety problems.

Despite Ho's comments, there is no precedent for a U.S. court overturning the approval of a drug that the FDA has deemed safe and effective. While new drug safety issues often emerge after FDA approval, the agency is required to monitor medicines on the market, evaluate emerging issues and take action to protect U.S. patients. Congress delegated that responsibility to the FDA — not the courts— more than a century ago.The case began in November.

 

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