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Wednesday’s hearing also dealt with the time limit issue, and whether the FDA’s later-year changes reset the clock and made full approval ripe for review. But the panel said adjustments made in later years - among them allowing the drug to be sent via mail and administered without a physician present - could still be revoked. The panel’s April 13 decision said the abortion opponents appeared to be barred by time limits from challenging the initial 2000 approval. An appellate panel voted 2-1 to narrow, but not completely block, Kacsmaryk’s ruling. Bush nominee.Ībortion opponents sued in November in federal court in Amarillo, Texas, where Kacsmaryk, a Trump nominee, presides. The third judge hearing the case was Jennifer Walker Elrod, a George W. That’s the role of the courts,” Ho told Ellsworth, who went on to say that the FDA has approved drugs later found to have safety problems. “We are allowed to look at the FDA just like we’re allowed to look at any agency. Ho twice referred an “FDA can do no wrong” theme in the pro-mifepristone arguments. “We had a challenge to the FDA just yesterday.” “I hate to cut you off so early, but you said, `unprecendented’,” Judge James Ho said, referring to an unrelated case that was argued Tuesday. District Judge Matthew Kacsmaryk’s April 7 ruling an “unprecedented and unjustified attack on the FDA’s scientific expertise.” The high court’s decision came after a Texas-based judge revoked the drug’s approval.īiden administration attorney Sarah Harrington opened by calling U.S.
The case is likely to wind up at the Supreme Court, which already intervened to keep the drug available while the legal fight winds through the courts. Circuit Court of Appeals heard arguments over whether the Food and Drug Administration approval of mifepristone should be revoked more than two decades after it was granted. NEW ORLEANS (AP) - Lawyers seeking to preserve pregnant women’s access to a drug used in the most common method of abortion got pushback Wednesday from appellate judges with a history of supporting abortion restrictions.Ī three-judge panel of the 5th U.S.
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