ROLLING BACK

Appeals Court Signals It Will Likely Restrict Access to Key Abortion Pill

The U.S. Court of Appeals for the 5th Circuit aggressively questioned Justice Department lawyers Wednesday surrounding the use of mifepristone.

One of the country’s most conservative federal appeals courts on Wednesday appeared set to limit access to mifepristone, an abortion medication approved by the Food and Drug Administration in 2000. According to The Washington Post, the U.S. Court of Appeals for the 5th Circuit, a three-judge panel that has supported other abortion restrictions in recent years, aggressively questioned Justice Department lawyers Wednesday and seemed deeply skeptical of the FDA’s recent decision to loosen rules surrounding the prescription and delivery of mifepristone. The DOJ had previously argued that courts should not be in the business of second-guessing scientific judgements made by the FDA—an idea that seemed to anger the court. “I don’t understand this theme that FDA can do no wrong,” Judge James C. Ho said. “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.”