Saturday, March 23, 2024

Supreme Court: Three women will argue Mifepristone case / Bloomberg

NEXT WEEK’S Supreme Court arguments over the availability of the abortion drug mifepristone—one of the term’s most closely watched cases—will feature a rarity: All three advocates who will appear at the lectern on Tuesday are women, Kimberly Strawbridge Robinson reports.

  • US Solicitor General Elizabeth Prelogar will defend Food and Drug Administration actions in 2016 and 2021 that removed certain restrictions on prescribing and dispensing the drug. Hogan Lovells partner Jessica Ellsworth will represent mifepristone brand-name manufacturer Danco Laboratories. And Erin Hawley, a lawyer for the Christian legal group Alliance Defending Freedom, will argue on behalf of a group of anti-abortion doctors who contend the agency’s actions were unlawful and put patients in danger.
  • The number of women arguing cases at the high court has fluctuated between 12% and 24% in recent terms, but that figure is closer to a third in this term. FDA v. Alliance for Hippocratic Medicine will feature the term’s fourth all-women lineup. Some female appellate lawyers said that was an encouraging sign, but not exactly cause for celebration: Male-only lineups this term have occurred nearly four times more often. 

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