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Republican-appointed federal judges grill FDA in mifepristone hearing
Republican-appointed federal judges grill FDA in mifepristone hearing
A combative three-judge panel at one of the most conservative courts in the country grilled attorneys for the federal government and a drug manufacturer as anti-abortion activists continue a legal battle to overturn the government’s approval of a widely used abortion drug. On 17 May, the case against mifepristone returned to the Fifth Circuit Court of Appeals in New Orleans, where attorneys for the US Department of Justice and drug manufacturer Danco Laboratories faced skeptical Republican-appointed judges hearing oral arguments in a case that could upend abortion care for millions of Americans. Within seconds of her opening argument, Justice Department attorney Sarah Harrington was interrupted by Judge James Ho, a Donald Trump appointee, who challenged her description of the legal challenge against the drug’s approval by the US Food and Drug Administration. “I don’t think there’s ever been any court that has vacated an FDA determination that a drug is safe to be on the market,” she replied. “FDA can make that determination based on exercising its own scientific expertise, but it’s not a court’s role to come in and second-guess that expertise.” “Why not focus on the facts,” Judge Ho said, “rather than this ‘FDA can do no wrong’ theme.” The judges repeatedly interrupted Ms Harrington and appeared sympathetic to the plaintiffs: an anti-abortion group represented by influential right-wing legal group Alliance Defending Freedom, whose senior counsel Erin Morrow Halley – the wife of Republican senator Josh Hawley – baselessly asserted that medication abortion is “particularly dangerous”. Judge Jennifer Walker Elrod, who was appointed by George W Bush, also took a moment to chastise lawyers for their “unusual remarks” in filings objecting to the widely derided lower-court decision from a former right-wing activist attorney who was appointed to the federal bench by Mr Trump. Judge Elrod suggested their criticisms amounted to personal attacks and suggested that the attorney retract the statements and apologise. “Those statements reflect our view that the district court was very outside the bounds,” said Jessica Ellsworth, an attorney for Danco. “I don’t think those remarks, any of them, were intended as any personal attack.” The judges are not expected to rule immediately. But a decision from the panel judges – each with a history of support for abortion restrictions – is likely to return the case to the US Supreme Court, which has paused any action on mifepristone until the legal challenge plays out. In her arguments, Ms Hawley conflated the risk of serious complications from mifepristone – which is less than 1 per cent – with the risk that a medication abortion failed and would then require medical attention. Her arguments suggested that doctors are enduring a moral harm by providing abortion care, without evidence that doctors have been forced to do so, while also claiming that the FDA illegally approved the drug when it was approved more than 20 years ago. The judges repeatedly questioned the FDA’s approval process for mifepristone, which plaintiffs argued was done too hastily through an expedited process that is typically reserved for treating serious or life-threatening illnesses. But the FDA did not do that with mifepristone; it took years of study before the FDA’s approval. The part of that process that the agency invoked for mifepristone’s approval allowed the FDA to add safety restrictions, such as a requirement that physicians be able to diagnose ectopic pregnancies. But judges appeared to argue that because pregnancy is not an illness, mifepristone should not have been approved through that process at all, repeating plaintiffs’ false claim that the FDA called pregnancy a “life-threatening illness.” “When we celebrated Mothers’ Day, were we celebrating illness?” Judge Ho said at one point. “The arguments today demonstrated in detail that the case has no legal or scientific merit and should have been laughed out of court from the very start,” Jennifer Dalven, director of the ACLU Reproductive Freedom Project, said in a statement. “Unfortunately, the deck is stacked as the judges hearing this case are well known for their extraordinary hostility to abortion,” she added. “The whole point of the case is to prevent anyone in America, no matter where they live, from using a medication that has been safely used in this country for decades and is used in most abortions today.” Major medical groups and research from hundreds of studies over the last two decades have confirmed the overwhelming safety and efficacy of the drug, one of two drugs used in a two-drug protocol for a medication abortion, the most common form of abortion care in the US. Studies show it is as safe to use as common over-the-counter pain relievers like ibuprofen and acetaminophen, and the protocol for medication abortion is used in more than 60 other countries. The drug was first approved by the FDA in 2000 and is approved for use up to 10 weeks of pregnancy. A vast majority of abortions occur within the first nine weeks of pregnancy. From 2019 through 2020, nearly 93 per cent of all abortions were performed before the 13th week, according to the US Centers for Disease Control and Prevention. Mifepristone is also used to treat miscarriages. Roughly 10 per cent of clinically recognised pregnancies end in miscarriages, according to the American College of Obstetricians and Gynecologists. The American College of Obstetricians and Gynecologists and the American Medical Association also joined a brief in the challenge opposing arguments from anti-abortion groups. Last year, Alliance Defending Freedom filed a lawsuit in US District Court in Amarillo, Texas on behalf of a group of anti-abortion activists incorporated as the Alliance for Hippocratic Medicine, which was organised that same month with an address in Amarillo. The Alliance Defending Freedom also led the challenge at the Supreme Court that ultimately struck down Roe v Wade. In April, US District Judge Matthew Kacsmaryk – a former right-wing activist lawyer who was appointed to the federal judiciary by then-President Trump – issued a ruling to suspend the FDA’s approval of mifepristone, which was immediately challenged by abortion rights advocates, providers, major medical groups, drug manufacturers and the Biden administration. An appeal landed at the Fifth Circuit court, which has jurisdiction over the Amarillo court. A three-judge panel blocked a part of the judge’s ruling, and a subsequent ruling at the Supreme Court paused the lower-court ruling as the legal challenge continues. Read More North Carolina Republicans approve 12-week abortion ban as sweeping restrictions spread across US South Nebraska Republicans approve combined gender-affirming care ban and anti-abortion bill after epic filibuster Anti-abortion laws harm patients facing dangerous and life-threatening complications, report finds A Texas man sued his ex-wife’s friends for allegedly helping her with an abortion. Now they’re suing him Louisiana Republicans refuse rape and incest exceptions to state’s sweeping anti-abortion law What is mifepristone? The widely used pill in the abortion rights battle at the Supreme Court
1970-01-01 08:00
Reactions to Ecuador's Lasso dissolving Congress
Reactions to Ecuador's Lasso dissolving Congress
MEXICO CITY Ecuadorean President Guillermo Lasso has dissolved the National Assembly, bringing forward legislative and presidential elections, a
1970-01-01 08:00
Democratic Gov. Andy Beshear of Kentucky signals focus on family values in closely watched fall race
Democratic Gov. Andy Beshear of Kentucky signals focus on family values in closely watched fall race
As Kentucky Gov. Andy Beshear prepares for what could be the most hotly contested election of the year, the first-term Democrat insisted on Wednesday that he would not cede so-called family values issues to his Republican opponent. In his first sit-down interview since Tuesday's primary, Beshear also tried to contrast his steady leadership with the just-concluded bitter GOP campaign in which state Attorney General Daniel Cameron prevailed in a 12-candidate field. The governor told The Associated Press that he intends to make the general election race about helping families and not trying to “rile people up,” and he accused Cameron of doing just that in his victory speech. “I think sadly from the other side, what we saw last night and what we’ll see is name-calling, stoking division, trying to incite fear or anger or maybe even hatred. And that’s not how we’re supposed to run these elections,” Beshear said. Cameron, buoyed by an endorsement from former President Donald Trump, finished 26 percentage points ahead of his nearest rival, state Agriculture Commissioner Ryan Quarles. Trump’s former U.N. ambassador, Kelly Craft, was a disappointing third after a campaign that mostly centered around her and Cameron. The much scrutinized off-year matchup between Beshear and Cameron in November could provide insight about voter sentiment heading into the 2024 elections that will determine control of the White House and Congress. The race will test the strength of a popular Democratic governor in a Republican-dominated state who hopes the reputation he forged as the state’s consoler in chief during a tumultuous four years will be enough to propel him to a second term. Cameron, one of the most prominent Black Republicans in the country, came out swinging in a primary night speech. “The new religion of the left casts doubt on the greatness of America,” Cameron said. “They embrace a picture of this country and this commonwealth that is rooted in division, that is hostile to faith and that is committed to the erosion of our education system.” The AP reached out to Cameron for an interview, but his campaign did not immediately make him available. Beshear said he sees similarities between this year’s race and his run in 2019, when he defeated GOP Gov. Matt Bevin. "If you look at this last primary, I think that you are seeing the same nastiness, the same turning people against each other,” Beshear said. Much like that contest, Beshear said he has no plans to campaign with national Democrats, including President Joe Biden. Beshear relies on his family’s strong political brand in Kentucky, where his father, Steve Beshear, is a former two-term governor. “This is about us, not Washington, D.C. Everything you’re going to hear me talk about in this election is about our families and how we move them ahead — not right, not left, but forward," Beshear said. Biden joined Beshear to console the victims of tornadoes and flooding that hit Kentucky during the governor's first term. Asked if he was bracing for opposition ads showing pictures of him and Biden together, Beshear said, “It would be pretty callous, I think, for somebody to use photos of showing up at the toughest of times against somebody.” In his speech Tuesday night, Cameron tried to tie Beshear to Biden's immigration policies, lambasted the governor's record on crime and drugs and criticized him for vetoing legislation barring transgender girls and women from participating in school sports matching their gender identity. The Republican-led legislature overrode Beshear's veto. “A governor who will not speak out on these issues, and who will not stand up for your interests, has abdicated his responsibility to the commonwealth and is not fit to lead it any longer,” Cameron said. This year, Beshear vetoed a bill banning transgender young people from receiving gender-affirming health care. That veto also was overridden. Beshear has come under GOP criticism for the veto. Beshear said Wednesday that every youngster should be treated “as a child of God.” “At the end of the day, I think what’s been done here attacks parents’ rights, and I believe medical decisions for children are best left to their parents and not big government stepping in,” he said. Beshear said he is ready to run on a record of economic growth, support for public schools and increased help for people battling drug addiction. The governor noted that hundreds of Kentucky National Guard soldiers have been deployed to the nation’s southwest border during his term in office. Kentucky will continue to “do our part when asked,” he said, declaring that “border security is national security.” He pointed to advances in providing clean drinking water to Kentuckians and getting a new Ohio River bridge built to ease traffic congestion between Cincinnati and northern Kentucky. A bridge “isn’t red or blue, it’s just really important for our families,” the governor said. Beshear now faces an electorate that has turned increasingly Republican since he won the office. He said voters will hear a message from him driven by faith and values, not partisan politics. “For me, my values are rooted in my faith,” Beshear said. “And my faith teaches me that we’re supposed to live with love and compassion, not anger and division." Cameron is the first major-party Black nominee for governor in Kentucky’s history. "To anyone who looks like me, know that you can achieve anything," he said after winning the nomination. To Beshear, "it's taken far too long to have a Black nominee of either party for governor. But I think what the attorney general said last night is right, that in this campaign people are going to judge us by our record and our values." Read More Ukraine war’s heaviest fight rages in east - follow live Charity boss speaks out over ‘traumatic’ encounter with royal aide VIDEO FOR YOU: Kentucky Gov. Beshear discusses jobs, his campaign and abortion AP News Digest 3:30 am AP News Digest 3:20 am
1970-01-01 08:00
Feinstein's return prompts renewed scrutiny over her fitness for office
Feinstein's return prompts renewed scrutiny over her fitness for office
Just a week after her return to the United States Senate after a roughly three month absence, questions continue to swirl around Sen. Dianne Feinstein and her mental capacity to serve in the world's greatest deliberative body.
1970-01-01 08:00
Pakistan is on the edge. Should India be worried?
Pakistan is on the edge. Should India be worried?
Pakistan has been convulsed by political and economic crises. India cannot let its guard down, say experts.
1970-01-01 08:00
VIDEO FOR YOU: Kentucky Gov. Beshear discusses jobs, his campaign and abortion
VIDEO FOR YOU: Kentucky Gov. Beshear discusses jobs, his campaign and abortion
EDITORS/NEWS DIRECTORS: The Associated Press is offering a video of Democratic Kentucky Gov. Andy Beshear speaking about his campaign and plans for the future. Attorney General Daniel Cameron won the Republican primary for Kentucky governor and will face Beshear in November. Use the video on your websites, broadcasts, social media platforms and elsewhere. ___ GET THE VIDEO Gov. Beshear focuses on Kentucky families in campaign ___ READ AP’S COVERAGE Trump-backed Daniel Cameron to face Democratic Kentucky Gov. Andy Beshear in November ___ PUBLISH THIS Democratic Gov. Andy Beshear sat down with the Associated Press on Wednesday to discuss his bid for second-term as Kentucky’s governor. He touted economic development, his work at the border and his response to natural disasters throughout the state. “We are at a moment of time and opportunity in Kentucky, the likes of which we’ve never seen. Getting picked for the largest investments of Ford and Amazon. More jobs than ever before. R&D facilities. I got to announce a steel facility in Bell County and a distillery in Fulton County on the same day. More rural jobs than we’ve ever seen. Now, this election for me is about seeing through this work and turning years of great economic development into decades of prosperity,” Beshear said. On Tuesday, Kentucky Attorney General Daniel Cameron became the first Black nominee for either party in the state of Kentucky—the republican will be facing off against Beshear in the election. “It’s taken far too long to have a Black nominee of either party for governor. But I think what the attorney general said last night is right, that in this campaign, people are going to judge us by our record and our values. And I know that my campaign will show those values by lifting us up, by moving us forward, by focusing on on better jobs, by living out our collective faith of being there for our neighbor and not stoking division, calling each other names and trying to turn people against each other,” Beshear said. Beshear also defended his decisions while handling the COVID-19 pandemic, something his republican opponents have been keen to use against him. He also defended abortion rights in the state and pushed back on current strict state laws. “In Kentucky, they passed a total ban that leaves victims even of rape and incest without any options. It forces women who are pregnant to carry to term, even when it’s not going to be viable. And they’re going to have to go through the most heart wrenching moments and know they’re going to face that for many, many months. Listen, that’s wrong. And I believe the vast majority of Kentuckians believe that it’s wrong,” Beshear said. Beshear also said he is supporting President Biden for his bid for a second term. ___ Localize It is an occasional feature produced by The Associated Press for its customers’ use. Questions can be directed to Katie Oyan at koyan@ap.org. Read More Ukraine war’s heaviest fight rages in east - follow live Charity boss speaks out over ‘traumatic’ encounter with royal aide AP News Digest 3:30 am AP News Digest 3:20 am Kentucky Republicans pick nominee to challenge Democratic Gov. Beshear
1970-01-01 08:00
Senate Finance chair pushes GOP megadonor for answers about financial ties with Clarence Thomas
Senate Finance chair pushes GOP megadonor for answers about financial ties with Clarence Thomas
Senate Finance Chairman Ron Wyden is pushing back on assertions from GOP megadonor Harlan Crow that the panel lacks authority to request personal tax information and travel records from him as part of a probe into whether hospitality he provided to Justice Clarence Thomas could have triggered violations of US tax law.
1970-01-01 08:00
Top Offset Project Must Hand Zimbabwe Revenue or Close
Top Offset Project Must Hand Zimbabwe Revenue or Close
Zimbabwe’s Environment Minister said the operators of a project generating carbon credits from an area almost the size
1970-01-01 08:00
'No indications' that attack on US convoy in Nigeria was targeted, Blinken says
'No indications' that attack on US convoy in Nigeria was targeted, Blinken says
The United States does "not yet know the motive for the attack" on a US convoy in Nigeria Tuesday, but has "no indications at this time that it was targeted against our Mission," Secretary of State Antony Blinken said Wednesday.
1970-01-01 08:00
State Department offers Republican lawmaker a chance to view Afghanistan dissent cable
State Department offers Republican lawmaker a chance to view Afghanistan dissent cable
The State Department offered Wednesday to allow the Republican chairman of the House Foreign Affairs Committee to view a classified cable from U.S. diplomats in Kabul sent shortly before the chaotic withdrawal from Afghanistan. Rep. Michael McCaul of Texas had threatened earlier this week to make an unprecedented push to hold Secretary of State Antony Blinken in contempt of Congress if he did not turn over the so-called dissent cable. It was not immediately clear whether the State Department's offer would appease the Republican lawmaker, who also wanted to see Blinken's response to the cable. State Department deputy spokesman Vedant Patel told reporters Wednesday that McCaul, as well as Rep. Gregory Meeks of New York, the top Democrat on the committee, would be invited to the department to view the cable “with appropriate personal information redacted.” “Chairman McCaul himself has said that this is what he is interested in,” Patel said. "And so it is our sincere hope that our offer here will be sufficient to satisfy their request for information.” McCaul was planning to have the committee vote next week on a resolution to hold Blinken in contempt of Congress. It would have then proceeded to a full vote in the House, where Republicans hold a slim majority. The State Department had previously briefed McCaul on the substance of the cables, but he said he was not satisfied. The vast majority of the 123 cables sent since 1971, when the dissent channel was created during the Vietnam War, have remained classified, according to the National Security Archives at George Washington University. The State Department has long protected the cables from being released publicly. Read More Ukraine war’s heaviest fight rages in east - follow live Charity boss speaks out over ‘traumatic’ encounter with royal aide
1970-01-01 08:00
Manchin Scrubs Vote on Energy Agency Nominee Over Gas Stove Rule
Manchin Scrubs Vote on Energy Agency Nominee Over Gas Stove Rule
Senator Joe Manchin pulled his support for an Energy Department nominee in protest of the agency’s plan to
1970-01-01 08:00
Ex-DC Metro contractor logged in to sensitive system from Russia, watchdog finds
Ex-DC Metro contractor logged in to sensitive system from Russia, watchdog finds
A former Washington, DC, Metro transit system contractor retained access to "critical and sensitive" Metro data from his computer in Russia after he left his job in a breach that raises broader security concerns about one of the nation's largest transit systems, according to a report released Wednesday.
1970-01-01 08:00
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