Dueling court rulings out of Washington state and Texas have created confusion about the abortion pill mifepristone’s legal status in the U.S.
Danco Laboratories will likely ask the Supreme Court to intervene if the 5th Circuit does not at least temporarily block Kacsmaryk’s decision.
Federal Judge Matthew Kacsmaryk raised the Comstock Act repeatedly in last week’s hearing for the case challenging FDA approval of mifepristone.
The judge could order the FDA to withdraw mifepristone. He could also stop short of blocking sales and impose tougher restrictions on distribution instead.
The abortion rights group NARAL Pro-Choice America, in an analysis published Friday, said 40 million women could lose access to the abortion pill.
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