US appeals court hears arguments in mifepristone case

US federal appeals court judges appear sceptical over government arguments to keep the widely used abortion pill mifepristone available.

The Fifth Circuit Court of Appeals heard arguments on Wednesday in the legal case over the use of the drug.

It follows an April decision by the US Supreme Court that preserved access to mifepristone, saying it can remain on the market while the case continues.

The case could have wide-ranging implications for abortion access.

Fifth Circuit Court of Appeals judges sparred early in the hearing with Department of Justice lawyer Sarah Harrington, who was arguing for the Biden administration. She was interrupted as she called the case an "unprecedented" attack on FDA expertise.

"You've said 'unprecedented,'" said Judge James Ho. "We had a challenge to the [US Food and Drug Administration] just yesterday."

Judge Ho later said: "We are allowed to look at the FDA just like we're allowed to look at any agency. That's the role of the courts."

The judges also questioned Ms Harrington's arguments that plaintiffs lacked standing - meaning they did not establish they had been harmed by the pill's approval - to bring the case.

The appeals court will decide whether to strike down the Food and Drug Administration's (FDA) approval of mifepristone and the agency's subsequent steps to make it more accessible.

The future of Mifepristone was called into question after a Texas judge sought last month to invalidate its long-standing approval.

The Texas ruling came after a group of anti-abortion health professionals sued the FDA, alleging mifepristone was not safe.

On Wednesday, the three-judge panel appeared more sympathetic to arguments for the plaintiffs, who claim the agency erred by fast-tracking the drug's approval process.

• How safe is the abortion pill mifepristone?

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It is not clear when the Fifth Circuit will issue its ruling, though a decision could be months away.

It is expected that the case will come before the US Supreme Court once again.

Access to the drug will probably remain unchanged until the Supreme Court makes a final ruling - or declines to hear the case.

Mifepristone is part of a two-drug regimen that now accounts for more than half of abortions in the US. It has been used by more than five million women in the country to end their pregnancies.

It was first approved by the FDA more than 20 years ago, after four years of review.

The FDA and several leading health organisations, such as the American Medical Association, say the drug is safe and effective.

On Wednesday, each side was given 40 minutes to plead their case before the appeals court.

The three-judge panel includes two judges appointed by former US president Donald Trump - Judge Ho and Cory Wilson - and one - Jennifer Walker Elrod - picked by former president George W Bush.

All three have expressed support for abortion restrictions in previous rulings.

The last time the case was heard by the Fifth Circuit - in April - the appeals court agreed to keep the drug on the market. But it placed additional restrictions, such as requiring the drug to be dispensed in person by a physician, on its use.

The legal battle over mifepristone comes almost a year after a Supreme Court ruling ended the nationwide guarantee to abortion in the US and left the legality for abortion to the states.