Lexology February 12, 2024
We’ve blogged several times already about the Alliance for Hippocratic Medicine v. FDA litigation that is now before the Supreme Court. Briefly, a Texas District Court, in a decision that we’ve already described as “results-driven and shoddy,” purported to invalidate more than 20 years of FDA regulation – back to and including the original 2000 agency approval – of the abortifacient drug mifepristone, which would have had the effect of immediately removing from the market nationwide the safest and most commonly used drug for medication abortions. See Alliance for Hippocratic Medicine v. FDA, ___ F. Supp.3d ___, 2023 WL 2825871 (N.D. Tex. April 7, 2023) (“AHM I”).
On appeal, the Fifth Circuit overturned the District Court’s nullification of the FDA’s...
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