Southern courtesy, the ‘mail business thing,’ and other surreal moments from the abortion pill argument

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Here’s how three conservative judges on the 5th Circuit questioned lawyers defending mifepristone.

The Supreme Court will likely have the last word in the case, which challenges the FDA’s original approval of mifepristone and its subsequent policies that expanded access to the drug. But in the meantime, the medication’s defenders faced a hostile reception from a highly conservative three-judge panel of the 5th Circuit Court of Appeals.

She added that there’s no medical risk for someone with an ectopic pregnancy taking mifepristone. “It just doesn’t work,” Harrington said.In one tense moment, Elrod pressed Jessica Ellsworth, an attorney for a company that makes mifepristone, to recant the language the company used in legal filings to criticize thefrom a federal district judge in Texas that would have wiped out access to the pills nationwide.

Ellsworth countered that it wasn’t a personal attack on the Trump-appointed district court judge, Matthew Kacsmaryk, but rather an assessment of the decision itself. Pressed by Elrod again, however, she demurred.

 

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