An appeals court will begin hearing arguments today at 1 p.m. that could impact the sale of a federally-approved abortion pill.
Mifepristone is a drug that helps terminate early pregnancies. It has been FDA-approved since 2000.
In April, a U.S. district judge ruled to stop the distribution of the drug. But the U.S. Supreme Court overturned this decision and sent the case down to the 5th Circuit Court of Appeals. The 5th Circuit represents Texas, Louisiana and Mississippi.
Before the 5th Circuit can make a decision, it must hear from all parties in the case. Arguments are made, and the court determines the facts of the case and what legal rights each party has. If the 5th Circuit decides the ban on Mifepristone is constitutional, then residents in these three states would lose access to the drug.
Allen Linken is a political science professor at The University of Alabama. He said the results of this case could impact whether states, including Alabama, can influence the sale of nationally regulated products.
“If Texas says that the drug is no longer permitted in Texas, even though it’s a federally regulated drug, maybe a state can now influence drugs or influence the economy outside its borders,” he said. “Can Texas or Louisiana set rules that affect the nation? If we have 50, individual states that all determine they can affect the rules for the nation, we weaken our concept of federalism and what it means to be the United States.”
But Linken said he believes the 5th Circuit will likely not have the last say in this case.
“The 5th Circuit is the Court of Appeals that governs one part of the United States, not the whole,” he said. “The Supreme Court has made fairly clear we can’t have pockets of states having pockets of rights. So, it’s very likely that if the 5th Circuit determines the drug is not to be used, it’s very likely the U.S. Supreme Court will take this case.”
While Alabama is not represented under the 5th Circuit, any decision made by the Supreme Court would affect citizens in all 50 states.
If the case does return to the Supreme Court for a second time, Linken said he does not know whether the Court will treat the case as an ideological issue or as a legal issue. This means how the Court would decide is anyone’s guess.
“I really don’t know what the Supreme Court is going to do,” he said. “In one sense you could say this is clearly something that has ideological party lines. You could also say that if it’s under the Commerce Clause, justices may have different interpretations of the Commerce Clause that aren’t politically aligned. I would be very cautious to suggest that this case would be decided along ideology.”
Currently, Mifepristone is still available for use as the 5th Circuit hears oral arguments. Access to Mifepristone could change depending on the 5th Circuit’s decision. This case is one of many since last year’s overturning of Roe v. Wade.
First Choice Women’s Medical Center in Montgomery says the medication is not available through a pharmacy in Alabama. It is only available by an authorized provider.
