) first approved mifepristone as part of a two-drug regimen with misoprostol. More recently, thewidened the window during which the medicine may be used and eased dispensing requirements. But on March 26th the Supreme Court will consider whether these loosened regulations should be tightened back up.’s original approval of mifepristone. In April 2023 the district-court judge in Texas who heard the case invalidated the authorisation from 2000 and each of the subsequent liberalisations.
The plaintiffs will be represented at the Supreme Court by Erin Hawley, wife of Senator Josh Hawley of Missouri. They contend that theviolated the Administrative Procedure Act, a law governing how agencies operate, when it expanded access to the purportedly “high risk” drug in 2016 and 2021. The changes in 2016 followed a “piecemeal analysis” of insufficient data, the Alliance writes, and the action of 2021 relied on “unreliable” information.
The plaintiffs advance a host of arguments to claim standing. Their main contention is reminiscent of a Rube Goldberg machine: pro-life doctors could be forced to violate their conscience if no one else is available to complete terminations for women rushed to the emergency room after complications from a medical abortion prescribed elsewhere.
The Supreme Court arguably bent the rules of standing last year in a case that dashed President Joe Biden’s plan to cancel student loans. But the winding argument from mifepristone’s foesand the legal adventurism of the lower courts—may stretch too far even for the five justices who dispatched
Source: Law Daily Report (lawdailyreport.net)
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