WASHINGTON — The dramatic dueling rulings by two federal district judges Friday about access to a widely used abortion pill set up a lower court conflict that legal experts say will almost certainly send the dispute to the Supreme Court. “It really turbocharges the imperative for the Supreme Court to step in and to do so sooner rather than later,” said Stephen Vladeck, a law professor at the University of Texas at Austin. A federal judge in Texas issued a preliminary ruling Friday invalidating t
WASHINGTON — The dramatic dueling rulings by two federal district judges Friday about access to a widely used abortion pill set up a lower court conflict that legal experts say will almost certainly send the dispute to the Supreme Court.
The department has not yet said whether it will file an appeal in the Washington state case. That lawsuit, filed against the FDA by 18 Democratic attorneys general, challenged restrictions that the agency imposes on the prescribing and dispensing of mifepristone. The judge in the case, Thomas Rice, an appointee of President Barack Obama, did not lift the existing restrictions in his ruling Friday but did order the FDA not to do anything to limit current access to mifepristone.
In 1993, an injunction was issued in Florida to protect the Aware Woman Center for Choice — one of dozens of similar injunctions issued by state and local judges as abortion clinic operators sought help on how to deal with protests. In the fall of 1993, within weeks of each other, the Florida Supreme Court upheld the injunction and the U.S. Court of Appeals for the 11th Circuit, in Atlanta, struck it down.In 2015, the issue of same-sex marriage led to another collision between courts.
Legal experts said Kacsmaryk’s decision appeared to be the first time a court had ordered a drug’s approval to be revoked over the objection of the FDA and that such a ruling could open the door to legal challenges against other drugs, such as vaccines, morning-after pills and other medications at the center of controversial issues.
The lead plaintiff, the Alliance for Hippocratic Medicine, is a consortium of anti-abortion groups that are not based in Amarillo, but the alliance was incorporated there in August 2022, not long after the Supreme Court overturned Roe v. Wade.
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