The case is brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide.
In filings last week, the FDA and mifepristone maker Danco LaboratoriesThe plaintiffs are expected to file a response brief later on Monday.
Ho, who was appointed by former Republican president Donald Trump, was part of a 5th Circuit panel that in 2019 blocked Mississippi's 15-week ban on abortions, but in a separate opinion spoke out against the constitutional right to abortion. Ho last month also spoke to the conservative Federalist Society's Dallas chapter in defense of Kacsmaryk, who he called a friend, after the Washington Post reported the then-nominee did not disclose to the U.S. Senate ahead of his confirmation hearing a law review article he helped write that criticized protections for people seeking abortions.
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