The FDA Should Not Enforce the 5th Circuit’s Indefensible Abortion Pill Decision
1 year, 8 months ago

The FDA Should Not Enforce the 5th Circuit’s Indefensible Abortion Pill Decision

Slate  

Early Thursday morning, the 5th U.S. Circuit Court of Appeals partially vindicated Judge Matthew Kacsmaryk’s lawless and unprecedented decision attempting to cut off access to mifepristone, the first drug in a medication abortion. And he held that the doctors’ anti-abortion organization has standing because the “FDA’s actions have frustrated their organizational efforts to educate their members and the public on the effects of mifepristone.” The only novel feature of the 5th Circuit’s analysis is that the court admits that the six-year statute of limitations for challenging such an agency action bars an attack on the original approval of mifepristone in 2000. Those approvals reduced medication abortion patients’ required trips to the doctor from three to one, and then to zero ; allowed a generic version of the drug to be manufactured ; increased the period of pregnancy when mifepristone can be prescribed, from 50 days to 70; allowed medical providers other than doctors to prescribe the medication; and eliminated reporting requirements of certain adverse reactions. But the 5th Circuit strongly suggests that’s wrong, and that the law criminalizes all “carriage in interstate commerce” of any “drug, medicine, article, or thing” designed “for producing abortion.” If that’s true, then it lays the groundwork for a federal ban on abortion.

History of this topic

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