(NewsReady.com) – The battle over abortion didn’t end with the Supreme Court’s reversal of Roe v. Wade. On the contrary, it appears the fight has heated up and spread across the country. The high court might have to wade into another disagreement between the two sides of the debate.
In mid-August, a three-judge panel for the conservative US Court of Appeals for the 5th Circuit ruled the Food and Drug Administration (FDA) didn’t consider safety when it made mifepristone available through the mail and telemedicine appointments. Judge Jennifer Walker Elrod claimed that the agency “failed to consider the cumulative effect of removing several important safeguards at the same time” for the drug, which is one of two that help induce an abortion.
The appeals court left the original FDA approval of the medication in place. That led to a dissent from one of the judges, James Ho, who argued that the court should have completely banned the drug. He also took issue with the FDA’s statement that pulling mifepristone from the market would put women’s health in jeopardy. Ho said the position was ridiculous because it essentially argues that “the FDA can do no wrong.” He said the Appeals Court has the right to look at that agency as it does every other agency.
The Supreme Court has already put the original ruling from US Judge Matthew Kacsmaryk on hold. The judge from the Northern District of Texas completely suspended the FDA’s approval of the abortion pill.
President Joe Biden’s administration is likely to appeal the decision. First, it will have to go before the entire 5th Circuit. If they receive an unfavorable opinion before the full court, they will likely appeal it to the Supreme Court.
If that happens, the Supreme Court and its conservative majority will have to decide the fate of abortion in America. The pills account for more than half of all pregnancy terminations in the United States.
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