Appellate judges with a history of supporting abortion restrictions heard arguments over access to a drug used in the most common method of abortion. The closely watched case is likely to wind up at the Supreme Court.
The case comes to the appeals court almost a year after the Supreme Court overturned the Roe v. Wade ruling that had established abortion rights. Fourteen states have since banned abortion at all stages of pregnancy and other states have adopted, or are debating, major restrictions.
“It just strikes me that what the FDA has done in making this more available ... is you’ve made it much more likely that patients are going to go to emergency care or a medical clinic where one of these doctors is a member,” said Judge Cory Wilson, who was nominated by former President Donald Trump. “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.
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