Abortion pill access may continue even if FDA loses US court battle

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Abortion pill access may continue even if FDA loses US court battle
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The abortion pill mifepristone is used in more than half of all abortions in the country.

Used boxes of Mifepristone pills, the first drug used in a medical abortion, fill a trash at Alamo Women's Clinic in Albuquerque, New Mexico, U.S., January 11, 2023. REUTERS/Evleyn Hockstein/File PhotoWILMINGTON, Delaware, April 12 - The U.S. Justice Department is racing this week to convince a federal appeals court, or possibly the U.S.

"One way in which the FDA could comply with this is to do nothing, to use its enforcement discretion to say we can't satisfy both judgments," said Rachel Rebouche, dean of the Temple University Beasley School of Law. The FDA, which has said it stands behind it determination that mifepristone is safe and effective, declined to comment.CONTRADICTORY RULINGS

"They don't have to drop everything and remove mifepristone from the market," said Evan Bernick, a professor at Northern Illinois University College of Law. "They haven't done that with other drugs, they've prioritized on the basis of safety risk, and mifepristone has a strong safety record." "I would hope the administration would recognize this as an opportunity to do what they have been saying they would do, which is take all steps available to them to maintain access to this drug," said Phil Katz, an attorney for mifepristone maker Danco Laboratories, which is also appealing the Texas ruling.

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