The appeal by the Biden administration could lead to a final decision in the contentious legal fight over the FDA's approval of mifepristone.
contentious legal fight
In urging the Supreme Court to intervene, Solicitor General Elizabeth Prelogar wrote that the case marked the first time a court has ever second-guessed the"expert judgment" of the FDA in approving a drug. the FDA's original approval of the drug from more than 20 years ago. At that time, conservative justices Clarence Thomas and Samuel Alito said they would have allowed part of Kacsmaryk's ruling to go into effect.
Since the Supreme Court's action in April, the case has moved as normal through the appeals process, with the New Orleans-based 5th U.S. Circuit Court of Appeals last monthof Kacsmaryk's decision on the steps the FDA took to loosen restrictions on the pill, including making it available by mail. That prompted the Biden administration and Danco to turn once against to the high court.
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