Danco Seeks High Court Abortion Drug Review
Danco Laboratories, which distributes the abortifacent drug Mifeprex (mifepristone), petitioned 9/8 the U.S. Supreme Court asking it to review last month’s decision (see earlier story) by the Fifth Circuit Court of Appeals that would restrict how the drug is used by, and distributed to, patients.
The company’s expected petition for a writ of certiorari says the case “presents a serious question: whether courts can disregard constitutional and statutory limits on judicial review of executive action in order to overrule an agency decision they dislike.” It also argued that the Fifth Circuit’s merits ruling was “flawed, and equally in conflict with this court’s decisions. Judicial review under the APA [Administrative Procedures Act] asks whether an agency acted ‘within a zone of reasonableness,’ (and) does not permit a court to ‘substitute its own policy judgment for that of the agency.’”
Additionally, it said the high court review should be granted because this is a “case of indisputable importance. For the women and teenage girls, health care providers, and states that depend on FDA’s actions to ensure safe and effective reproductive health care is available, this case matters tremendously. And for the pharmaceutical and biotechnology industry, permitting judicial second-guessing of FDA’s scientific evaluations of data will have a wildly destabilizing effect.”
Meanwhile, the Supreme Court’s next term starts in October. The Justice Department is also expected to request that the court review the case.