[U X2: Amici, At Supremes] Well -- Unsurprisingly, Danco Wins In The Fifth Cir. -- On To The Supremes, Now.

UPDATED: October 12, 2023 -- 5PM EDT: Here is a very good amicus brief, as to how the law actually works, at FDA. Do read it -- it has been filed with the Supremes today. October 13 PM update: Justice Alito has stayed the whole shebang, while the Supremes take a look. That stay, unless extended, ends October 20 -- but as we said, the Fifth has entered a stay that lasts quite a bit longer than that. End update.

The Texas trial level (natch'!) federal district court has once again been rebuked in the abortion pill, or mifepristone, cases. This time, it came in the Fifth Circuit Court of Appeals, in Cincy.

But as I've long said, we must still wait for final word from the Supremes -- where the various stays remain pending. Here's a bit from this afternoon's interim victory for Danco, et al.:

. . .After extensive briefing and oral argument, we hold that the district court’s stay order should be VACATED in part and AFFIRMED in part.

We conclude that the Medical Organizations and Doctors’ claim as to the 2000 Approval is likely barred by the statute of limitations. Accordingly, that component of the district court’s order must be VACATED. This means that, until final judgment, Mifeprex will remain available to the public under the conditions for use that existed in 2016.

We also VACATE the portion of the order relating to the 2019 Generic Approval because the Medical Organizations and Doctors have not shown that they are injured by that particular action. The generic version of mifepristone will also be available under the same conditions as Mifeprex. . . .

So it should be no surprise that a 23 year old drug -- with a better safety record than Tylenol (no offense, Tylenol!) -- will remain available -- and cannot be blocked by a small band of supposed religious zealots, in one tiny corner our nation -- preventing all the rest of us from accessing it. Not even in the generally very conservative Fifth Cir. That is today's central object lesson. Onward.

नमस्ते