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Supreme Court protects access to abortion pill
  + stars: | 2023-04-21 | by ( Ariane De Vogue | ) edition.cnn.com   time to read: +7 min
CNN —The Supreme Court on Friday protected access to a widely used abortion drug by freezing lower-court rulings that placed restrictions on its usage. How the dispute over medication abortion is ultimately resolved could make it more difficult for women to obtain abortion, even in the states that still allow it. At issue is the scope of FDA’s authority to regulate mifepristone, a drug that the medical community has deemed safe and effective. The next step in the litigation will be a hearing in front of a New Orleans-based federal appeals court on May 17. The appeals court ultimately let stand the government’s approval of the drug, but agreed with Kacsmaryk that access could be limited.
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.
Demonstrators rally in support of abortion rights at the US Supreme Court in Washington, DC, April 15, 2023. The Supreme Court on Friday ordered the abortion pill mifepristone to remain broadly available as litigation plays out in a lower court. The appeals court has scheduled oral arguments for Wednesday, May 17 at 1 pm CT. Mifepristone has become the central flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion as a constitutional right nationwide. The appeals court judges also suspended the 2019 approval of the generic version of mifepristone.
The Supreme Court maintained access to the abortion drug mifepristone on Friday. The court took on the issue after a federal judge in Texas issued a ruling suspending FDA approval of mifepristone. Drugs like mifepristone and misoprostol have been under heightened scrutiny from abortion opponents since the Supreme Court overturned Roe v. Wade last June. Earlier in April, a federal judge in Amarillo, Texas, issued a ruling suspending mifepristone's FDA approval, arguing the approval itself was unlawful. Following the Supreme Court's reversal on abortion rights, Democrats heavily campaigned on the issue of abortion in the 2022 midterm elections.
WASHINGTON, April 19 (Reuters) - The U.S. Supreme Court on Wednesday bolstered a bid by Turkey's state-owned lender Halkbank (HALKB.IS) to avoid criminal charges in the United States for allegedly helping Iran evade American economic sanctions. The court's majority, while rejecting a key defense mounted by Halkbank, ordered the Manhattan-based 2nd U.S. Shares in Vakifbank (VAKBN.IS), another Turkish state bank, jumped 9.9% and the bourse's banking index climbed more than 4%. Sovereign immunity generally protects countries from facing legal action in another country's courts. The majority found that the 2nd Circuit did not fully consider whether the bank has immunity under "common law" principles.
Photo Illustration: Preston JesseeWASHINGTON—The Supreme Court allowed the widely used abortion pill mifepristone to remain on the market through Friday, while the justices continue to weigh whether to block a lower-court order that would limit access to the drug. The extension came in a pair of brief orders issued Wednesday by Justice Samuel Alito , who oversees emergency matters for the courts in Texas, where a lawsuit contesting the pill’s approval originated.
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.
Demonstrators rally in support of abortion rights at the US Supreme Court in Washington, DC, April 15, 2023. Supreme Court Justice Samuel Alito on Wednesday issued an order allowing the abortion pill mifepristone to remain available by mail delivery and without tighter restrictions on how it is used until at least late Friday night. Although that ruling keeps mifepristone on the market, the restrictions are so sweeping that many women would not have access to the medication even in some states where abortion is legal. The appeals court restrictions included blocking mail delivery of the medication, re-imposing doctor visits as a requirement to obtain the drug, and shortening the length of time women can use the pill to the seventh week of pregnancy. The court also blocked the generic version of mifepristone made by a second company, GenBioPro, which supplies about two-thirds of the medication for the U.S. market.
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 ruled Wednesday that Halkbank, which is owned by the government of Turkey, is not immune from prosecution in New York federal court for allegedly violating U.S. economic sanctions on Iran. The indictment alleges that high-ranking Turkish and Iranian government officials participated in the sanctions evasion scheme with Halkbank and its officers. However, the Supreme Court told the U.S. 2nd Circuit Court of Appeals to reconsider a request by Halkbank to toss out the prosecution based on an argument of common-law immunity. The Supreme Court previously recognized that a civil lawsuit not governed by the FSIA law may still be barred under by foreign sovereign immunity under so-called common law. The U.S. government has argued that the bar would not apply to criminal prosecution of a commercial entity such as Halkbank.
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.
Anti-abortion demonstrators celebrate outside the United States Supreme Court as the court rules in the Dobbs v Women's Health Organization abortion case, overturning the landmark Roe v Wade abortion decision in Washington, U.S., June 24, 2022. An anti-abortion group on Tuesday asked the Supreme Court to keep restrictions on the abortion pill mifepristone in place while the battle over the medication's legal status plays out. Supreme Court Justice Samuel Alito on Friday temporarily blocked those restrictions until 11:59 p.m. The anti-abortion organization also said the court should consider whether the FDA properly approved mifepristone in 2000 if it takes the case. If the lower court rulings against mifepristone ultimately stand, access to abortion could face restrictions even in some states where the procedure remains legal.
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.
DeSantis’s Gamble on Abortion
  + stars: | 2023-04-17 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
Ron DeSantis ’s decision to sign a new Florida law that bans most abortions after six weeks of pregnancy is a political gamble that Democrats are eager to attack. The Governor’s obligation now is to explain and defend it if he wants to win the White House. Though Democrats will never admit it, the current abortion debate vindicates Justice Samuel Alito ’s majority opinion in Dobbs last year overruling Roe v. Wade. “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” he wrote. We now overrule those decisions and return that authority to the people and their elected representatives.”
WASHINGTON—The Supreme Court temporarily blocked lower court orders that would limit access to the abortion drug mifepristone beginning Saturday, preserving current availability while it weighs the Biden administration’s emergency request to leave current Food and Drug Administration approvals in place during an ongoing legal battle with antiabortion groups. In a pair of orders, Justice Samuel Alito , who oversees emergency matters for the lower courts that limited or suspended approval of the widely used abortion pill, gave the antiabortion groups until noon Tuesday to file briefs in response to appeals filed on Friday by the FDA and Danco Laboratories LLC, which makes the branded version Mifeprex.
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.
Supreme Court lifts abortion pill restrictions for now
  + stars: | 2023-04-14 | by ( Spencer Kimball | ) www.cnbc.com   time to read: +1 min
U.S. Supreme Court Justice Samuel Alito on Friday temporarily blocked lower court rulings that imposed tighter restrictions on the abortion pill mifepristone. U.S. Judge Matthew Kacsmaryk of the U.S. Northern District of Texas suspended the Food and Drug Administration's approval of mifepristone last week. The U.S. 5th Circuit Court of Appeals blocked that part of Kacsmaryk's order and kept the FDA approval in place. But the appeals court temporarily re-imposed tighter restrictions on how mifepristone is used and distributed, which would make it more difficult for women to access the drug. She said the lower court rulings are the first time judges have repealed the conditions of an FDA drug approval based on a disagreement over the agency's judgement about safety.
Some in-person clinics in New York, California and Kansas will offer mifepristone for now, but are preparing to provide an alternative abortion pill if a subsequent decision essentially bans the drug. U.S. abortion pill providers are scrambling to make backup plans as the Supreme Court decides whether to keep restrictions on the key drug mifepristone. Those restrictions will limit access to mifepristone even in states where abortion is legal. Some in-person abortion clinics in states where the procedure is legal told CNBC that operations will remain largely the same. Other clinics in states where abortion is legal can prescribe mifepristone off-label beyond the first seven weeks of pregnancy, according to Hill.
CNN —Supreme Court Justice Samuel Alito on Friday extended a hold on a lower court ruling that would have imposed restrictions on access to an abortion drug, a temporary move meant to give the justices more time to consider the issue. The case is the most important abortion-related dispute to reach the high court since the justices overturned Roe v. Wade last term. Alito issued a so-called administrative stay on the ruling while the high court considers an emergency appeal filed by the Biden administration and a manufacturer of the drug, mifepristone. Alito issued the order because he has jurisdiction over the federal appeals court involved in the case. Prelogar, the solicitor general, argued in her filing to the Supreme Court that the FDA’s expert judgment should not be challenged.
An appeals court put part of that decision on hold late Wednesday, preserving access to the pill for now, with significant restrictions the Justice Department will ask the Supreme Court to lift. Neither Kacsmaryk's order, known as a preliminary injunction, nor the 5th Circuit's emergency stay is a final ruling on the merits of the case. REUTERS/Evelyn HocksteinThe Biden administration said on Thursday it will appeal to the Supreme Court for an emergency stay of Kacsmaryk's order in full. If the FDA wins a stay from the Supreme Court blocking the injunction, mifepristone will remain available with no new restrictions. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
CNN —As the Supreme Court prepares for yet another controversial abortion case to come its way, the justices will pore over District Court Judge Matthew Kacsmaryk’s ruling last week to block the government’s approval of the key medication abortion drug at issue. “There are serious questions on whether the Supreme Court is willing to endorse the district’s court’s very broad approach to those questions,” he said. As he often does, Supreme Court Justice Brett Kavanaugh wrote separately last June to explain his thinking in voting to overturn Roe v. Wade. The Supreme Court might also take issue with the relief that Kacsmaryk ordered. None other than the liberals on the Supreme Court who dissented in Dobbs.
April 7 (Reuters) - The federal judge who on Friday suspended approval of the abortion pill mifepristone is a former Christian legal activist whose small courthouse in Amarillo, Texas, has become a go-to destination for conservatives challenging Biden administration policies. U.S. District Judge Matthew Kacsmaryk, an appointee of former Republican President Donald Trump, had a long track record of opposing abortion and LGBTQ rights before the U.S. Senate confirmed him in 2019 to a life-tenured position as a federal judge. FAVORED VENUESince then, his courthouse has become a favored venue for conservative legal activists and Republican state attorneys general pursuing lawsuits seeking to halt aspects of Democratic President Joe Biden's agenda - often with success. In October, Kacsmaryk vacated Biden administration guidance requiring employers to allow transgender workers to dress and use bathrooms consistent with their gender identities. Reporting by Nate Raymond in Boston, Editing by Alexia Garamfalvi, Bill Berkrot and Diane CraftOur Standards: The Thomson Reuters Trust Principles.
The Biden administration is seeking an emergency stay of Kacsmaryk's order from the New Orleans-based 5th U.S. The 5th Circuit has a conservative reputation, with 12 of its 16 active judges appointed by Republican presidents. The FDA could then petition the U.S. Supreme Court for an emergency stay. Regardless of whether it wins an emergency stay of the injunction, the FDA will continue its appeal of Kacsmaryk's preliminary injunction. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
Pool via REUTERSApril 8 (Reuters) - The federal judge who on Friday suspended approval of the abortion pill mifepristone is a former Christian legal activist whose small courthouse in Amarillo, Texas, has become a go-to destination for conservatives challenging Biden administration policies. U.S. District Judge Matthew Kacsmaryk, an appointee of former Republican President Donald Trump, had a long track record of opposing abortion and LGBTQ rights before the U.S. Senate confirmed him in 2019 to a life-tenured position as a federal judge. When anti-abortion groups in November filed a lawsuit challenging the U.S. Food and Drug Administration's more than two-decade old approval of the abortion pill mifepristone, they filed in Amarillo, guaranteeing the case would be heard by Kacsmaryk. FAVORED VENUESince then, his courthouse has become a favored venue for conservative legal activists and Republican state attorneys general pursuing lawsuits seeking to halt aspects of Democratic President Joe Biden's agenda - often with success. While the district's chief judge could order cases be reallocated, he has not.
April 6 (Reuters) - The U.S. Supreme Court on Thursday refused to let West Virginia enforce a state law banning transgender athletes from female sports teams at public schools, one of many Republican-backed measures across the country targeting LGBTQ rights. The justices denied West Virginia's request to lift an injunction against the law that a lower court had imposed while litigation continues over its legality in a challenge brought by a 12-year-old transgender girl, Becky Pepper-Jackson. West Virginia said in a court filing that it can lawfully assign athletic teams by sex rather than gender identity "where biological differences between males and females are the very reason those separate teams exist." Pepper-Jackson, who attends a middle school in the West Virginia city of Bridgeport, sued after being prohibited from trying out for the girls' cross-country and track teams. Reporting by Andrew Chung in New York; editing by Jonathan Oatis and Sandra MalerOur Standards: The Thomson Reuters Trust Principles.
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