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DOJ asks the 5th Circuit to stay Kacsmaryk's mifepristone order pending appeal. (Original Post) LetMyPeopleVote Apr 2023 OP
5th Circuit. Good luck with that. Novara Apr 2023 #1
Like a broken clock, even the 5th Circuit is correct sometimes In It to Win It Apr 2023 #2
Justice Department appeals Texas abortion pill ruling LetMyPeopleVote Apr 2023 #3
The 5th Circuit has called for response by plaintiffs on stay by Tuesday LetMyPeopleVote Apr 2023 #4
Ca5 has asked for responses to the motion to stay on the mifepristone case. LetMyPeopleVote Apr 2023 #5

LetMyPeopleVote

(145,635 posts)
3. Justice Department appeals Texas abortion pill ruling
Mon Apr 10, 2023, 04:19 PM
Apr 2023

This is short but effective filing and hits the standing issue very hard



https://www.washingtonpost.com/politics/2023/04/10/abortion-pill-ruling-appeal/?utm_campaign=wp_main&utm_source=twitter&utm_medium=social

The Justice Department on Monday appealed a Texas judge’s decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill.

The appeal, filed in the right-leaning U.S. Court of Appeals for the 5th Circuit, landed less than one business day after Judge Matthew Kascmaryk on Friday evening ordered the Federal Drug Administration to revoke its approval of mifepristone — one of the two medications used in more than half of all abortions in the United States......

The Justice Department and the company that makes mifepristone said in their appeal that the antiabortion groups challenging the drug lack sufficient legal grounds or standing to proceed with their lawsuit.

To establish standing, the groups have to demonstrate that they face a risk of injury. The Justice Department characterized as speculative the doctors’ claims that they are directly harmed because their patients claim to have experienced complications from the medication. Mifepristone was approved 23 years ago after clinical trials including thousands of pregnant patients showed a low rate of complications.

“Plaintiffs lack standing to challenge FDA’s approval of a drug they neither take nor prescribe; their challenge to FDA actions dating back to 2000 is manifestly untimely; and they have provided no basis for second-guessing FDA’s scientific judgment,” the appeal said.
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