(Washington) A federal appeals court appeared Wednesday in favor of abortion opponents who challenge the authorization granted more than 20 years ago to a pill used to terminate pregnancies in the United States.
The debates focused on mifepristone (RU 486) which, combined with another stamp, has been used by 5.6 million women since its approval by the United States Medicines Agency (FDA) in the year 2000.
In early April, a trial judge had suspended its marketing authorization, citing – despite the scientific consensus – risks to women’s health.
The Democratic government of Joe Biden had appealed urgently and the Supreme Court had restored the approval of this pill, while the procedure continued.
On Wednesday, three judges of an appeals court located in New Orleans which is renowned for its conservatism, heard the substantive arguments of the parties.
During the hearing, accessible by telephone, they were very harsh towards the government lawyer.
“The story you’re telling us is that no one can question the FDA,” choked out Magistrate James Ho. is the role of the courts,” he added.
His colleague Jennifer Elrod, for her part, was moved by the fact that the Ministry of Justice was very critical of the decision of the first instance. “Are these personal attacks appropriate? she asked.
Lawyer Sarah Harrington countered that these were not personal attacks, but criticisms of the judge’s “analysis”.
Conversely, the judges were accommodating to the plaintiffs’ lawyer, a coalition of abortion opponents.
At the end of the hearing, the defenders of the right to abortion expressed their pessimism. “The dice are loaded because the judges responsible for the case are known for their incredible hostility to abortion,” commented Jennifer Dalven of the ACLU organization.
However, the decision of the Court of Appeal will not mark the end of this battle: it may be re-examined by all the judges of this court and be the subject of a new appeal before the Supreme Court of the United States.