Lawyers for FDA and Danco Laboratories faced a hostile panel of judges Wednesday in their ongoing fight to protect mifepristone access
Much of Wednesday’s hearing centered around the question of whether the plaintiffs in this case — doctors affiliated with the anti-abortion medical societies which brought the case — have a legal right to file it. Lawyers for FDA and Danco argued that those doctors could not show they were harmed by the FDA’s approval of the drug, and that existing state and federal conscience protections shield them from providing care to which they object.
The Fifth Circuit is expected to issue an opinion on the case in the coming weeks or months, but the ruling will likely remain on hold until one of two things happens: either the Supreme Court declines to take up the case, or, if it does take up the case, until it issues its own decision. The earliestcould be heard in the Supreme Court is next year, but it’s possible that the case may not be heard until the 2024-2025 session.
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