Democratic States, Medical Groups Ask Courts to Maintain Access to Abortion Drugs


  • The court is scheduled to hear arguments on May 17.
  • Filing warns patient harm, drug development

Reuters – This week, Democratic-led states, the U.S. Medical Association, pharmaceutical companies and others led a federal appeals court to deny a Texas judge’s order to effectively remove the abortion drug mifepristone from the market. asked to do.

In a series of buddy briefs filed Tuesday, Wednesday and Thursday, they told the Court of Appeals for the Fifth Circuit that the order by U.S. District Judge Matthew Kaksmalik would have a devastating impact on patients and drug development. rice field. and the entire healthcare system.

The Fifth Circuit Court of Appeals is scheduled to hear arguments in this case on May 17. The U.S. Food and Drug Administration and brand-name mifepristone maker Danko His Laboratories have suspended approval of his 2000 mifepristone by agents in response to an anti-abortion lawsuit, and his Kacsmaryk provisional. I am appealing the injunction. Groups and doctors who claim the drug is unsafe and illegally approved.

The judge ruled that the case was likely to win. His ruling was suspended by the U.S. Supreme Court last month, making mifepristone available for the time being.

Democratic states, including New York, Illinois, California, and Massachusetts, followed a Supreme Court ruling last year that overturned that landmark ruling, calling for a “sovereign decision to protect the ability of its residents to obtain abortions.” “There is a strong interest in defending the right to abortion,” said Roe v. Wade.

The Democratic state said in its ruling that the Supreme Court would remand the matter to the state, noting that Kacsmaryk’s injunction would undermine it.

Medical groups such as the American College of Obstetricians and Gynecologists and the American Medical Association said they called on the Fifth Circuit to “uphold science and the rule of law.”

“Mifepristone is safe and effective,” they said. “Hundreds of medical studies and vast amounts of data accumulated over 20 years back this up.”

On the other hand, a pharmaceutical industry group headed by the Pharmaceutical Research and Manufacturers of America (PhRMA) said Kaksmalik’s order would “seriously disrupt the industry and disrupt drug development” by allowing FDA drug approvals to be deferred in court. It stifles innovation in

Lawyers for the plaintiffs, who plan to file a response on Monday, did not immediately respond to a request for comment.

Parties supporting plaintiffs will also be given an opportunity to submit briefs before pleading. In the early stages of the lawsuit, Republican-led states and groups including Susan B. Anthony Pro Life America and the Catholic Bar Association intervened to oppose the temporary stay of Kaksmalik’s order.

Even if Kacsmaryk’s order was upheld by the Fifth Circuit, the order would not take effect until the FDA had an opportunity to appeal to the Supreme Court.

Medical abortion consists of mifepristone followed by another drug, misoprostol, used to terminate a pregnancy within the first 10 weeks. It accounts for more than half of all abortions in the United States.

The action is Alliance Hippocratic Medicine v. FDA, US Court of Appeals for the Fifth Circuit, No. 23-10362.

For Plaintiff: Erik Baptist of Alliance Defending Freedom

For FDA: Sarah Harrington, U.S. Department of Justice

For Democratic States: New York Deputy Attorney General Ester Murdukhaeva

For Medical Groups: Shannon Selden by Debevoise & Plimpton

For Pharmaceutical Industry Groups: Beth Brinkmann, Covington & Burling

read more:

Judge issues conflicting abortion and pill injunctions

U.S. Supreme Court Overturns Roe v. Wade, Ending Constitutional Right to Abortion

U.S. Supreme Court upholds broad access to abortion drugs

Our standards: Thomson Reuters Trust Principles.

Brendan Pearson

thomson Reuters

Brendan Pierson reports on all areas of product liability litigation and medical law. You can contact him at his brendan.pierson@thomsonreuters.com.



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