Will the Supreme Court Take Up This Mail-Order Abortion Case?

Michie

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Food and Drug Administration v. Alliance for Hippocratic Medicine comes to the Supreme Court on appeal from a ruling last August by a three-judge panel of the Fifth U.S. Circuit Court of Appeals upholding a district court decision that placed substantial restrictions on the drug.

Chances are good the Supreme Court soon will agree — indeed, may have done so by the time you read this — to hear a case pitting efforts to clamp down on mail-order abortion against government efforts to defend it. The focal point of this dispute is the widely used abortion drug mifepristone.

Mifepristone is used in more than half of all U.S. abortions. The drug causes abortion by breaking down the lining of a pregnant woman’s uterus.

Seeking review of lower court restrictions on the drug are the Food and Drug Administration, the U.S. Department of Justice, and Danco Laboratories, its manufacturer.

A group called the Alliance for Hippocratic Medicine, made up of pro-life physicians and others, claims the Food and Drug Administration, acting under pressure from the administrations of former president Barack Obama and President Joe Biden, cut corners to make mifepristone more easily available. (The group’s name is a reference to the oath, named for the Greek physician Hippocrates, by which physicians pledge themselves to practice medicine ethically.)


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