In their questioning, the judges appeared sympathetic to anti-abortion medical group plaintiffs who claimed the FDA did not adequately consider alleged safety problems of mifepristone when it first approved the drug in 2000.
NEW ORLEANS — Three federal judges on Wednesday appeared skeptical of arguments to allow the abortion drug mifepristone to remain on the market.
“I guess I’m wondering, why not just focus on the facts of this case, rather than have this sort of FDA-can-do-no-wrong theme,” countered Ho, an appointee of President Donald Trump. The appeals court session Wednesday was the latest round in the long-brewing fight over a drug used in more than half of all abortions in the U.S.
Harrington said the doctors’ claims that they were likely to need to deal with patients whose drug-induced abortions were incomplete did not amount to an injury the court should recognize. “It just strikes me what FDA has done ….you’ve made it much more likely that patients are going to go to the emergency room,” Wilson said.
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