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The deal would preserve the mandate nationwide while appeals play out, but allow the employer challenging the mandate, Texas-based Braidwood Management, to stop covering pre-exposure prophylaxis (PrEP) against HIV and other preventive services without co-pays for its employees for now. The preventive care mandate, part of the Affordable Care Act (ACA) often referred to as Obamacare, covers services recommended by a federal task force. The ruling does not apply to services the task force recommended before the ACA was enacted in 2010, including breast cancer screening. More than 150 million people were eligible for preventive care free of charge as of 2020 under the ACA, according to data from the U.S. Department of Health and Human Services. The Biden administration has said O'Connor's ruling threatens public health.
Persons: Biden, District Judge Reed O'Connor, O'Connor, Brendan Pierson, Alexia Garamfalvi, Bill Berkrot Organizations: U.S, Circuit, Appeals, Braidwood Management, Affordable, PrEP, HIV, District, . Constitution, U.S . Senate, U.S . Department of Health, Human Services, Major, Thomson Locations: Texas, Braidwood, U.S, Fort Worth , Texas, ., New York
May 17 (Reuters) - Federal appeals court judges appeared to express support on Wednesday for opponents of the abortion pill mifepristone to pursue their challenge to its U.S. approval, which has potentially far-reaching consequences for abortion access across the country. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. [1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Judges James Ho and Wilson were appointed by Donald Trump. SAFE AND EFFECTIVEMifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal.
[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - U.S. appeals court judges began hearing arguments on Wednesday in a legal battle over the availability of the abortion pill mifepristone, with potentially far-reaching consequences for abortion access across the United States. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. Danco Laboratories, which sells the drug under the brand name Mifeprex, is also expected to argue before the court. The emergency room doctors said they were being forced to complete surgical abortions, which was against their conscience, for women who took the pill and failed to complete a medical abortion.
[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - A federal appeals court in New Orleans will hear arguments on Wednesday in a closely watched case brought by anti-abortion activists seeking to ban the abortion pill mifepristone, with potentially far-reaching impact on abortion access across the United States. Circuit Court of Appeals to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's FDA approval. Mifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal. Whichever way the 5th Circuit panel rules, the decision is sure to be appealed, first to the full court and then to the U.S. Supreme Court.
Circuit Court of Appeals panel that will hear the Biden administration's appeal to keep the abortion pill mifepristone on the market are staunchly conservative, with a record of opposing abortion rights. - In 2019, she co-authored a majority opinion for the full 5th Circuit that upheld a Texas law that effectively banned the most common abortion procedure for terminating second-trimester pregnancies. - Also in 2019, she wrote a majority panel 5th Circuit opinion invalidating the Affordable Care Act's mandate requiring individuals to purchase health insurance. - In 2019, he was part of a 5th Circuit panel that rejected Mississippi's 15-week abortion ban, but in a concurring opinion argued against the constitutional right to abortion. - In 2018, he voted to uphold a Texas law requiring burial or cremation of fetal remains.
[1/3] Benjamin Castro, a 26-year-old non-binary Argentine musician and teacher, poses for pictures during an interview in Buenos Aires, Argentina May 4, 2023. Argentina is the latest country in Latin America to green light the drug, part of a two-pill abortion regimen, which now faces the threat of a ban in the United States. "Having mifepristone available is key for ensuring abortions that are safe and high quality," she said. For Benjamin Castro, a 26-year-old non-binary Argentine musician and teacher, mifepristone access came too late. Castro, who was assigned female at birth and uses male pronouns, sought an abortion in 2020 during the pandemic, before mifepristone was available, receiving only misoprostol pills.
Circuit Court of Appeals issued an "administrative stay" of the March 30 ruling issued by U.S. District Judge Reed O'Connor of Texas. Administration lawyers said in court filings that O'Connor's decision would affect preventive care for 150 million people. In his March ruling, O'Conner blocked only the requirement that most insurers cover a range of preventive care. The appeal is in the early stages and the appeals court has not yet set a date for arguments. O'Connor ruled that enforcing the recommendations violated constitutional language on how government officials can be appointed.
May 8 (Reuters) - A case brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide will be heard next week by a panel of three deeply conservative judges hostile to abortion rights, a federal appeals court revealed on Monday. Circuit Court of Appeals panel in New Orleans on May 17 to overturn a court order that suspended the federal government's approval of mifepristone. The U.S. Supreme Court put that order on hold, meaning that mifepristone remains available while the case is appealed. In 2021, Ho was in the majority in a 2-1 ruling refusing to block Texas's six-week abortion ban. Wilson, another Trump appointee, as a state legislator voted to ban abortion once fetal cardiac activity is detected, around six weeks.
May 8 (Reuters) - A group of abortion providers on Monday filed a lawsuit aiming to preserve access to the abortion pill mifepristone as anti-abortion opponents aim to ban it in a separate case. The lawsuit, filed in federal court in Charlottesville, Virginia, is similar to one filed in Spokane, Washington by the Democratic attorneys general of 17 states and the District of Columbia in February. GenBioPro Inc, which sells a generic version of mifepristone, is also suing to block the FDA from restricting the drug. All three lawsuits come in response to a lawsuit last year by anti-abortion groups in Amarillo, Texas federal court challenging the FDA's approval of the drug in 2000. They said the dueling district court orders had created "day-to-day, week-to-week uncertainty" about using the drug.
Circuit Court of Appeals, the U.S. Justice Department said the order, from U.S. District Judge Reed O'Connor in Fort Worth, Texas, "has no legal justification and threatens the public health." It asked the court to stop the order from taking effect until it can fully hear the administration's appeal. He found that the federal task force that decides what preventive care must be covered under the federal healthcare law, also known as Obamacare, was unlawfully appointed, voiding all of that task force's determinations since 2010. More than 150 million people were eligible for preventive care free of charge as of 2020 under Obamacare, according to U.S. Department of Health and Human Services data. Reporting By Brendan Pierson in New York; Editing by Alexia Garamfalvi and Jonathan OatisOur Standards: The Thomson Reuters Trust Principles.
Circuit Court of Appeals, called the April 7 order by U.S. District Judge Matthew Kacsmaryk "abrupt and profoundly disruptive." The 5th Circuit is preparing to hear May 17 arguments on the matter after the U.S. Supreme Court last week put on hold Kacsmaryk's order. Danco Laboratories, which manufactures the brand-name version of the drug, was due to make a separate filing with the 5th Circuit. A panel of three 5th Circuit judges is scheduled to hear arguments on whether to uphold Kacsmaryk's order. The 5th Circuit has a conservative reputation, with 12 of its 16 active judges appointed by Republican presidents.
More weapons could come. After the foreign and defense ministers of both the United States and the Philippines held talks earlier this month, Washington said it would commit to adopt “a security sector assistance road map” in the Philippines, which “will guide shared defense modernization investments.” Mr. Marcos is set to meet President Joe Biden next week in Washington. Collin Koh, a research fellow and expert on maritime security in Southeast Asia, said that the Philippines could “help to complicate Chinese defense planning” in the South China Sea. “Even weaker actors can pull off certain victories,” he said, pointing to how Ukraine’s vastly outgunned military had shocked and stymied Russian forces over the past year. Now, they say they are more reassured, especially after several visits by high-level U.S. officials.
However the 5th Circuit rules, the case will likely continue for months or years. HOW DID THE CASE GET TO THE 5TH CIRCUIT? WHAT COULD THE 5TH CIRCUIT DO? No matter what the court does, the losing party will have a chance to appeal to the full 5th Circuit and then to the U.S. Supreme Court. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
HOW DID THE CASE GET TO THE SUPREME COURT? The Biden administration and Danco immediately asked the Supreme Court to overrule the 5th Circuit and impose an emergency stay. WHAT DID THE SUPREME COURT DO? The injunction was not at issue before the Supreme Court, and remains in effect. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
The Supreme Court, which has a 6-3 conservative majority, is expected to act before the deadline to either grant or reject the requests or further pause the litigation. The Food and Drug Administration (FDA), the U.S. agency that signs off on the safety of food products, drugs and medical devices, approved mifepristone in 2000. Circuit Court of Appeals on April 12 declined to block the curbs ordered by Kacsmaryk. Anti-abortion groups led by the recently formed Alliance for Hippocratic Medicine and four anti-abortion doctors sued the FDA in November. The plaintiffs contend that the agency used an unlawful process to approve the drug, which they consider to be dangerous.
CompaniesCompanies Law Firms Grail Inc FollowIllumina Inc Follow(Reuters) - A U.S. appeals court on Tuesday said it will accelerate reviewing Illumina Inc's challenge to a federal agency order requiring the biotechnology company to divest cancer diagnostic test maker Grail LLC. The agency said Illumina had not shown why the appeals court needed to speed up its consideration of the antitrust dispute. San Diego-based Illumina, which specializes in gene sequencing, is appealing an April 3 FTC order that said the company's $7.1 billion acquisition of Grail will curb competition in the cancer-testing market. The FTC in 2021 sued Illumina over its bid for Grail, a former subsidiary of the company. The case is Illumina Inc and Grail Inc v. Federal Trade Commission, 5th U.S.
HOW DID IT REACH THE SUPREME COURT? Whether or not the Supreme Court decides to stay Kacsmaryk's order, it will not decide the merits of the case. The Biden administration said in its petition to the Supreme Court that the FDA cannot comply with both orders. WHAT HAPPENS AFTER THE SUPREME COURT RULES? Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
WASHINGTON, April 19 (Reuters) - The U.S. Supreme Court on Wednesday faces a self-imposed deadline to act before significant limits on access to the abortion pill mifepristone take effect in a challenge by anti-abortion groups to the drug's federal regulatory approval. The Supreme Court, which has a 6-3 conservative majority, is expected to act before the deadline to either grant or reject the requests or further pause the litigation. In a case that could undercut federal regulatory authority over drug safety, the New Orleans-based 5th U.S. The 5th Circuit did halt a part of Kacsmaryk's order that would have suspended the U.S. Food and Drug Administration (FDA) approval of the drug in 2000 and effectively pull it off the market. Some 56% of respondents said they have an unfavorable view of the Supreme Court.
The Supreme Court gave itself more time to consider whether to allow restrictions on abortion pill mifepristone to take effect. Legal challenges to mifepristone's FDA approval continue. The justices had given themselves a deadline on Wednesday in a fast-moving case from Texas in which abortion opponents are seeking to roll back FDA approval mifepristone. Even as the abortion landscape changed dramatically in several states, abortion opponents set their sights on medication abortions, which make up more than half of all abortions in the United States. Mifepristone has been available for use in medication abortions in the United States since the FDA granted approval in 2000.
WASHINGTON, April 19 (Reuters) - The U.S. Supreme Court on Wednesday gave a boost to Texas death row inmate Rodney Reed's bid for DNA testing of crime-scene evidence that he argues will help exonerate him in the 1996 abduction, rape and murder of a 19-year-old woman. A Texas trial court in 2014 denied Reed's bid for DNA testing. The Texas Court of Criminal Appeals also rejected it in 2017 based on the procedures it determined were required under the state law that gives prisoners a chance to seek post-conviction DNA testing. That court denied a request for rehearing six months later. Circuit Court of Appeals in 2021 decided that Reed should have filed suit within two years of the initial 2014 trial court decision.
WASHINGTON, April 18 (Reuters) - The U.S. Supreme Court should restrict the availability of the abortion pill mifepristone, anti-abortion groups challenging the medication's federal regulatory approval told the justices in a filing on Tuesday, urging them to implement curbs ordered by a conservative federal judge in Texas. Mifepristone is taken with another drug called misoprostol to perform medication abortion, which now accounts for more than half of all U.S. abortions. The Supreme Court has a 6-3 conservative majority. Anti-abortion groups led by the recently formed Alliance for Hippocratic Medicine and four anti-abortion doctors sued the FDA in November seeking to reverse approval of mifepristone. Since last year's Supreme Court decision, 12 U.S. states have put in place outright bans while many others prohibit abortion after a certain length of pregnancy.
[1/2] The U.S. Supreme Court building is seen in Washington, U.S., April 6, 2023. Two laws, the Federal Trade Commission Act and the Securities Exchange Act, funnel judicial review of adverse agency orders to federal appeals courts only after those orders become final. The Supreme Court's conservative justices have signaled wariness toward expansive federal regulatory power and the previously recognized duty of judges, under Supreme Court precedent, to give deference to that authority. Federal agencies have had their powers curtailed in recent Supreme Court rulings. Axon sued the FTC in 2020 in federal court in Arizona following an investigation by the agency into its 2018 acquisition of Vievu, a rival body-camera provider.
[1/2] The sun sets on the U.S. Supreme Court building after a stormy day in Washington, U.S., November 11, 2022. REUTERS/Leah MillisApril 14 (Reuters) - New court-imposed restrictions on the abortion pill mifepristone could cut off access to the drug entirely for months, the Biden administration and the drug's distributor, Danco Laboratories, said in petitions asking the U.S. Supreme Court to lift the curbs. Circuit Court of Appeals on Wednesday will require a new approval from the U.S. Food and Drug Administration and new labeling, they said. Danco, whose sole product is the abortion pill, said that if the Supreme Court does not act, it may have to halt its operations. Some Democratic-led states have said that they have taken steps to stockpile mifepristone in case it becomes unavailable.
HOW DID IT REACH THE SUPREME COURT? Circuit Court of Appeals for an emergency stay putting his injunction on hold. Whether or not the Supreme Court decides to stay Kacsmaryk's order, it will not decide the merits of the case. WHAT HAPPENS AFTER THE SUPREME COURT RULES? Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
Danco Laboratories, the manufacturer of mifepristone, also asked the U.S. Supreme Court for similar relief on Friday. The Supreme Court has a 6-3 conservative majority. The administration said the lower court orders would have "sweeping consequences" for women who need access to mifepristone and the FDA's scientific judgment authority over drug safety. "The resulting disruption would deny women lawful access to a drug FDA deemed a safe and effective alternative to invasive surgical abortion," the Justice Department told the justices. Since last year's Supreme Court decision, 12 U.S. states have put in place outright bans while many others prohibit abortion after a certain length of pregnancy.
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