Mifepristone, the drug at the center of the issue, was approved for use by the Food and Drug Administration more than two decades ago.
, but he put the decision on hold for a week to allow an appeal.
The appeals court acted by a 2-1 vote. The judges in the majority, Kurt Engelhardt and Andrew Oldham, are both Trump picks.appealed to the Supreme Court The court did make its second self-imposed deadline, issuing its brief decision around 6:30 p.m. in Washington. Two conservative justices, Clarence Thomas and Samuel Alito, said they disagreed with the court's action but no other justice commented.
The 5th U.S. Circuit Court of Appeals has already announced it will hear arguments in the case in less than a month, on May 17. Both sides as well as interest groups will submit written briefs ahead of those arguments. And a three-judge panel of the court will hear the case, though the court has not yet said who those three judges will be. The group won't issue a decision from the bench but instead hear arguments and ask questions.
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