The much-anticipated hearing in a federal appeals court about whether to preserve access to a key abortion pill quickly saw the judges interrupt and skeptically question the government attorney who is seeking to preserve access to the drug. When Justice Department attorney Sarah Harrington described the case seeking to revoke FDA approval of the drug mifepristone as “unprecedented,” Judge James Ho retorted, “We had a challenge to the FDA just yesterday.” Later, a lawyer for the plaintiffs began her arguments by telling the judges that she represents doctors who “have been forced to participate in and complete elective abortions, contrary to their consciences.” Mifepristone was first approved more than two decades ago. In April, U.S. District Judge Matthew Kacsmaryk of Texas sided with antiabortion advocates concluding that the Food and Drug Administration improperly approved mifepristone in 2000 and later wrongly removed some restrictions on accessing the drug. Now the U.S. Court of Appeals for the 5th Circuit is reviewing Kacsmaryk’s decision.
