A prominent U.S. lawsuit to ban the abortion pill mifepristone has focused on the drug's safety and approval process. But the outcome may ultimately rest on a different issue: whether Ingrid Skop, an anti-abortion doctor in Texas, and other physicians behind the lawsuit can justify suing in the first place.
Skop and 10 other doctors submitted their testimony when the case began in November. She said she was harmed by the FDA expanding access to the pill because she has treated dozens of women at her hospital's emergency room with mifepristone complications.
If courts were to adopt the plaintiffs’ argument for standing, these experts said, emergency room doctors could sue over almost any regulation that impacted their workload, from oversight of guns to alcohol to teen drivers. "The doctors are being required through emergency situations to treat women, with the result that they feel complicit in taking the life of an unborn child, for no medical reason," said Hawley.During oral arguments in May, the FDA urged a three-judge panel on a federal appeals court to dismiss the case for a lack of standing, without considering the merits.
At oral arguments in the appeal to Kacsmaryk's April ruling, judges on the U.S. Fifth Circuit Court of Appeals in New Orleans grilled both sides about standing, repeatedly referring to the testimony by Skop.that Texas and Louisiana lacked standing to challenge a Biden administration immigration policy.
In the earlier decision from the 5th Circuit Court of Appeals, the judges wrote that the warning label said up to 7% of women need emergency care, or up to 350,000 of the 5 million women who have used the drug.
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