The legal battle over medication abortion is only beginning and could wend its way through multiple levels of appeals courts over a period of months or years before it is resolved. Here is what you need to know about the case as it unfolds.
- U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas on Friday suspended approval of the abortion pill mifepristone, which will essentially make sales of the pill illegal in the U.S., while a legal challenge proceeds.
The judge is a former Christian legal activist whose small courthouse in Amarillo has become a go-to destination for conservatives challenging Biden administration policiesMinutes after Kacsmaryk's order, U.S. District Judge Thomas Rice in Spokane, Washington, an Obama appointee, ordered the FDA not to make any changes to mifepristone access.
The 5th Circuit has a conservative reputation, with 12 of its 16 active judges appointed by Republican presidents. A three-judge panel will decide whether to grant the stay, and its decision will depend partly on whether it believes the agency is likely to succeed on the merits of the case.The FDA could then petition the U.S. Supreme Court for an emergency stay.
That appeal process could last months. Whichever way the panel rules, the losing party could petition for rehearing with all judges of the 5th Circuit, known as en banc rehearing, and ultimately petition the Supreme Court. However, most such petitions are denied.Once all the appeals over the preliminary injunction are over, the case can proceed to trial on the merits, giving both sides a chance to present factual evidence.
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