Government Turns to High Court in Mifepristone Appeal
The Justice Department says it will seek “emergency relief” from the U.S. Supreme Court after the Fifth Circuit Court of Appeals ruled late 4/12 that while the abortion drug mifepristone can remain on the market it cannot be mailed and thus limits access for women. “The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal, Attorney General Merrick B. Garland said 4/13. “We will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care.”
In granting a stay in part of the lower court’s 4/7 order that would have revoked FDA’s approval of mifepristone (see earlier story), the appeals court panel said it appears that the statute of limitations bars plaintiffs’ challenges to FDA’s 2000 approval, but actions the agency took in 2016 and thereafter to relax access restrictions (e.g., allowing mail order distribution) for mifepristone can be challenged. Additionally, the appeals court said the government had not shown that plaintiffs are unlikely to succeed on the merits of these “timely challenges.”
Reacting to the appeals ruling, University of California, San Francisco’s Advancing New Standards in Reproductive Health (ANSIRH) director Daniel Grossman had this to say: “Today’s ruling is yet another reminder that the power to evaluate and approve medications on the market should remain with the FDA, not politically motivated judges. In restricting access to mifepristone, the Fifth Circuit ignored decades of evidence showing the safety and effectiveness of this medication provided past seven weeks of pregnancy, via telehealth, and dispensed by mail. Junk science has no place in medicine.”
The court said in its ruling that the appeal is being expedited to the next available oral argument calendar.