5th Circuit: Abortion Drug Stays On Market, But FDA Rule Changes Violate APA

(August 17, 2023, 12:57 PM EDT) -- NEW ORLEANS — In a 2-1 ruling, the Fifth Circuit U.S. Court of Appeals on Aug. 16 said a group of anti-abortion plaintiffs is too late in challenging the 2000 Food and Drug Administration’s approval of the abortion drug mifepristone, but the panel said the plaintiffs made a “substantial showing” that the FDA’s 2016 and 2021 changes loosening restrictions on the drug violate the Administrative Procedure Act (APA)....