Daily-Dose

Contents

From New Yorker

From Vox

It’s possible the courts could find a way to square the circle, Donley told Vox, by issuing an “enforcement discretion notice to say, ‘Even though it’s technically illegal in seven days, barring any appeal, for a manufacturer to market mifepristone because it’s going to be unapproved, we’re not going to go after anyone who does that.’” But more likely, the contradictory orders will expedite the cases’ trip to the Supreme Court.

Vox reached out to the FDA regarding the possibility of an enforcement discretion notice, but did not receive a response before press time.

Kacsmaryk stated in his order that mifepristone’s safety hadn’t been well-established, even though the FDA re-approved the drug in 2016 and 2019 after its initial approval in 2000. Certain assertions in the order, including an assertion that “chemical abortions are over fifty percent more likely than surgical abortion to result in an emergency room visit within thirty days,” are used without context or are not borne out by data.

But some of the damage may already have been done — in addition to Friday’s contradictory rulings on medication abortion, restrictions in states and court challenges to those restrictions have created an atmosphere of fear and confusion that makes it difficult for providers to operate.

“People are very afraid, criminal laws are very scary, understandably, to providers,” Donley said. “So you’re seeing that chaos is really impacting and affecting abortion access.”

The Texas ruling could set an alarming precedent

Whatever the outcome of the fight over medication abortion — whether mifepristone’s approval status is decided in the Fifth Circuit or the Supreme Court — the Kacsmaryk case in particular has the potential to set some alarming precedents.

In terms of abortion access, Cohen wrote, there are still some options for people who need them:

If mifepristone is ultimately pulled from the market, people seeking abortions could still access care at in-person clinics for surgical abortions. But those procedures typically cost more money, and require more time and resources from already-strapped abortion clinics. In its legal filing opposing the Texas case, the Justice Department warned that taking mifepristone off the market would lead to delays and overcrowding at these clinics, which were already managing an influx of out-of-state patients since Roe’s overturn.

And at least one state has gone even further to protect medication abortion access: Washington has stockpiled tens of thousands of doses of mifepristone against the possibility of a decision like Kacsmaryk’s.

If the Fifth Circuit or the Supreme Court allow Kacsmaryk’s order to stand, however, Rebouché told Vox that it would have significant implications regarding the role of the FDA and other federal agencies and their ability to carry out their mandates.

“No matter your feelings about abortion, what’s your track record on federal power?” she said. Should the case make it to the Supreme Court, “they would have the same questions about not just the nature of abortion or the nature around the fact-finding of the safety of medication abortion, but also the role of the FDA in all of this.”

As Donley told Vox, the Kacsmaryk ruling is unprecedented — and if the Fifth Circuit or Supreme Court were to agree with its logic, it would create a precedent for the courts to not only call into question the power of federal agencies, but also for the courts to overrule matters of settled medical science which could have wide-ranging implications.

“This is uncharted territory,” Donley said.

From The Hindu: Sports

From The Hindu: National News

From BBC: Europe

From Ars Technica

From Jokes Subreddit