Department of Justice request the court to reverse ruling on abortion pill.  

Danco Laboratories LLC Challenges Appellate Court Ruling

Danco Laboratories LLC, the distributor of the abortion pill Mifeprex (mifepristone), has taken legal action by petitioning the U.S. Supreme Court to overturn a ruling from an appellate court. The company markets the medication under the brand name Mifeprex.

Accusation of Biased Court Decisions

Danco Laboratories expressed its discontent with the decisions made by the courts, suggesting that the rulings were influenced by personal preferences rather than legal considerations. The company claimed that the courts imposed restrictions on the drug due to their disapproval.

Serious Constitutional and Statutory Question

In its statement, Danco Laboratories presented a fundamental question for the Supreme Court to consider: whether the judiciary can bypass constitutional and statutory limits on reviewing agency actions to reverse decisions made by those agencies. The company urged the court to review two key aspects: the determination that doctors not prescribing or willing to prescribe Mifeprex have legal standing, and the determination that the FDA acted unreasonably when approving changes to the drug’s regulations in 2016 and 2021, despite ample supporting data.

Confidence in Drug Safety and Effectiveness

Danco Laboratories expressed unwavering confidence in the safety and effectiveness of Mifeprex. The company asserted that the FDA’s actions, which are being contested, were well-founded and grounded in extensive safety and effectiveness data from clinical trials, as well as decades of real-world patient experience.

Appellate Court’s Critique of FDA

The 5th U.S. Circuit Court of Appeals had previously ruled against the FDA’s actions related to Mifeprex. The court found that the FDA had not adequately addressed concerns about the drug’s safety for women using it when it removed certain safeguards. The court pointed out that the FDA had failed to consider the cumulative impact of eliminating multiple safeguards simultaneously and had not gathered sufficient evidence demonstrating that Mifeprex could be safely used without in-person prescription and dispensing.

Status of Abortion Pill Availability

Despite the appellate court’s decision, Mifeprex remains accessible under the regulations established after 2016 while the lawsuit awaits resolution in the U.S. Supreme Court. The Supreme Court had previously ruled, in a 7-2 decision, that Mifeprex would continue to be available under the post-2016 regulations throughout the litigation process, ensuring continued access to the medication.

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