this post was submitted on 17 Aug 2023
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Politics
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The three-judge panel ruled 2-1 that mifepristone and its generic counterpart can stay on the market, with Judge James Ho advocating the drug’s original approval should have been invalidated.Those changes included increasing the gestational age when mifepristone can be used up to 10 weeks of pregnancy rather than seven, allowing the medication to be mailed to patients, lowering the dosage, and permitting providers other than physicians to prescribe the drug.
But the ruling essentially turns the clock back in favor of a group of anti-abortion providers represented by the religious conservative legal powerhouse Alliance Defending Freedom.
The 5th Circuit agreed to put on hold part of Kacsmaryk’s ruling as it considered the case, and the Supreme Court later granted the Biden administration’s request to pause the remaining portions.
Justices Clarence Thomas and Samuel Alito, two of the Supreme Court’s leading conservatives, said at the time they would have allowed the rollbacks to take effect.
The Justice Department and the drug’s manufacturer contended the challengers waited too long to sue over mifepristone’s original approval, and the panel agreed.