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DOJ asks the 5th Circuit to stay Kacsmaryk's mifepristone order pending appeal. (Original Post)
LetMyPeopleVote
Apr 2023
OP
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
Novara
(5,856 posts)1. 5th Circuit. Good luck with that.
In It to Win It
(8,293 posts)2. Like a broken clock, even the 5th Circuit is correct sometimes
LetMyPeopleVote
(145,635 posts)3. Justice Department appeals Texas abortion pill ruling
This is short but effective filing and hits the standing issue very hard
Link to tweet
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 judges 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 FDAs 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 FDAs scientific judgment, the appeal said.
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 FDAs 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 FDAs scientific judgment, the appeal said.
LetMyPeopleVote
(145,635 posts)4. The 5th Circuit has called for response by plaintiffs on stay by Tuesday
LetMyPeopleVote
(145,635 posts)5. Ca5 has asked for responses to the motion to stay on the mifepristone case.