US District Judge Matthew Kacsmaryk in Amarillo, Texas on Friday suspended approval of the abortion pill mifepristone, which will essentially make sales of the pill illegal in the US, while a legal challenge proceeds.
The legal battle over medication abortion is only beginning and could wend its way through multiple levels of appeals courts over a period of months or years before it is resolved. Here is what you need to know about the case as it further unfolds:
What is medication abortion?
Medication abortion is a two-drug regimen consisting of mifepristone followed by misoprostol used to terminate a pregnancy within the first 10 weeks. It accounts for more than half of US abortions.
What has happened so far?
Anti-abortion groups led by the Texas-based Alliance for Hippocratic Medicine sued the US Food and Drug Administration last year, claiming that it approved mifepristone for abortion in 2000 using an unlawful process and did not adequately consider the drug’s safety. They asked Kacsmaryk to revoke the drug’s approval.
Kacsmaryk’s order is not a final ruling on the merits of the case but rather a preliminary injunction, meaning that it bans the drug while the case proceeds. Like all federal judges, Kacsmaryk can issue injunctions with nationwide effect, even though he is assigned to one district in Texas.
The judge is a former Christian legal activist whose small courthouse in Amarillo has become a go-to destination for conservatives challenging Biden administration policies
What about the ruling from Washington state?
Minutes after Kacsmaryk’s order, US District Judge Thomas Rice in Spokane, Washington, an Obama appointee, ordered the FDA not to make any changes to mifepristone access. The ruling applies only in 17 Democratic-led states and the District of Columbia, which had sued the government to challenge special safety restrictions around the pill.
Legal experts say that the ruling creates a conflict with Kacsmaryk’s, which will need to be resolved by appeals courts and potentially by the US Supreme Court.
What will the Biden administration do first?
The Biden administration is seeking an emergency stay of Kacsmaryk’s order from the New Orleans-based 5th US Circuit Court of Appeals. Such a stay would stop the order from taking effect until that court hears a full appeal.
Kacsmaryk has already put his own order on hold for seven days in order to give the administration time to seek the emergency stay.
The 5th Circuit has a conservative reputation, with 12 of its 16 active judges appointed by Republican presidents. A three-judge panel will decide whether to grant the stay, and its decision will depend partly on whether it believes the agency is likely to succeed on the merits of the case.
What if the 5th Circuit does not grant a stay?
The FDA could then petition the US Supreme Court for an emergency stay. Emergency petitions from the 5th Circuit initially go to Justice Samuel Alito, one of the court’s most conservative justices and the author of last year’s ruling overturning Roe v. Wade, which had guaranteed abortion rights nationwide.
Individual justices typically refer emergency petitions to the full court, though they can also decide them on their own. Such petitions are usually decided without argument and with minimal explanation; for that reason, they are often known collectively as the court’s “shadow docket.”
What does a stay mean for mifepristone?
If the FDA wins a stay blocking the injunction, mifepristone will remain an FDA-approved drug for as long as the stay remains in place. If it does not, then the agency can be ordered to rescind the approval and it will be illegal to sell the drug in the United States. Whether the FDA would take any enforcement action to stop continued use of the drug is not immediately clear.
Will that end the appeal?
No. Regardless of whether it wins an emergency stay of the injunction, the FDA will continue its appeal of Kacsmaryk’s preliminary injunction. The agency and the anti-abortion groups will both have a chance to file briefs with their legal arguments in the 5th Circuit, and a three-judge panel may or may not decide to hold an oral argument.
The 5th Circuit will not be considering the full merits of the case, but only whether Kacsmaryk was right to issue a preliminary injunction. That depends on whether the plaintiffs challenging mifepristone’s approval have shown a likelihood that they will win on the merits, and that they would be irreparably harmed without an injunction.
That appeal process could last months. Whichever way the panel rules, the losing party could petition for rehearing with all judges of the 5th Circuit, known as en banc rehearing, and ultimately petition the Supreme Court. However, most such petitions are denied.
What next?
Once all the appeals over the preliminary injunction are over, the case can proceed to trial on the merits, giving both sides a chance to present factual evidence.
The FDA will need to produce evidence about the process leading to mifepristone’s original approval in 2000, as well as several later actions modifying the approval and rules around the drug.
The anti-abortion groups will have to offer evidence to support their claim that the process was improper, and that mifepristone is dangerous. The two sides will exchange evidence in a process known as discovery.
Kacsmaryk could then decide the case without trial, known as summary judgment, or hold a trial including witness testimony.
A final resolution could be months or years away. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.
Crown Prince of Abu Dhabi meets with CEOs of leading Norwegian companies
H.H. Sheikh Khaled bin Mohamed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi, has met with a group of CEOs from leading Norwegian companies, as part of their participation in the UAE-Norway Investment Forum, held alongside his official visit to the Kingdom of Norway.
During the meeting, H.H. Sheikh Khaled bin Mohamed bin Zayed underscored the UAE leadership’s commitment to strengthening economic cooperation with its international partners.
He highlighted that investment in innovation and knowledge is a cornerstone for achieving sustainable development, noting that enhancing collaboration with Norwegian companies across key sectors will open new avenues for mutual economic growth between the two countries.
The UAE-Norway Investment Forum, taking place in Oslo, aimed to highlight available investment opportunities and strengthen trade relations between the UAE and Norway, fostering shared interests and supporting innovation and knowledge-based economic visions.
At the Indonesia International Book Fair 2024, TRENDS inaugurates 10th global office, releases four books
As part of its Asian research tour, partnership with Aletihad News Center, and
primary sponsorship of the Indonesia International Book Fair 2024, TRENDS
Research & Advisory inaugurated its office in Jakarta, marking its 10th location
worldwide. It also released four books in Indonesian.
The inauguration event was attended by ambassadors of the UAE, Bahrain, and
Jordan to Indonesia, chairpersons of the UAE and Indonesian Publishers’
Associations, the Director of TRENDS’ Jakarta office, and a group of researchers
and academics.
Speaking at the event, Dr. Mohammed Abdullah Al-Ali, CEO of TRENDS
Research & Advisory, stated that TRENDS’ international offices—set to reach 15
by the end of 2024—aim to enhance the Center’s research efforts and deepen its
role in disseminating knowledge, thus serving as a global knowledge bridge.
He emphasized, “At TRENDS, we believe in the importance of cooperation
between think tanks and prioritize this endeavor. We believe the TRENDS office in
Jakarta will enhance the exchange of knowledge and ideas between think tanks in
Asia and the Middle East, opening new horizons for collaboration in various
fields.”
Four books in Indonesian
As part of the Jakarta office’s inaugural activities, four books were released in
Indonesian, including the 11th and 12th books of the Muslim Brotherhood
Encyclopedia and Global Trends in AI and Automation and the Future of
Competition between Man and Machine: An Analytical Forward-looking Vision.
Hostility to Arab states
The 11th book of the Muslim Brotherhood Encyclopedia, The Concept of the State
According to the Muslim Brotherhood, highlights its hostile stance toward Arab
states since its inception. The group views them as an obstacle to its ascent to
power. It opposed the modern principles upon which these states were built,
considering them incompatible with the group’s unique interpretation of Islam,
which it claimed to embody exclusively.
Exclusion of nonconformists
The 12th book, The Muslim Brotherhood: Rejection of Tolerance and Exclusion of
Nonconformists, examines the Muslim Brotherhood’s stance towards
nonconformists, individuals, and entities. The book reveals the group’s binary view
of the world, categorizing others as allies or adversaries. It ties these relationships
to the Brotherhood’s internal power struggles and self-serving interests.
Global Trends in AI
The third book, Global Trends in AI, explores significant developments in AI and
its impact on various aspects of life, including the economy, society, and
governance. It also offers a comprehensive analysis of technological advancements
in AI, its applications across sectors, the ethical and social challenges it presents,
and its future trajectory.
Automation
The fourth book, Automation and the Future of Competition between Man and
Machine: An Analytical Forward-looking Vision, addresses the growing challenges
faced by the human workforce in the face of widespread automation and AI
applications. The book concludes that while automation presents a significant
challenge to the labor market, it simultaneously creates new opportunities. It
emphasizes the importance of preparing for this shift through skills development,
continuous education, and adopting economic and social policies that support the
workforce.
Prominent pavilion and active presence
The TRENDS’ pavilion at the Indonesia International Book Fair has attracted
numerous visitors, including academic researchers and officials, such as the
ambassadors of the UAE, Bahrain, Qatar, Jordan, and Turkey. Additionally,
chairpersons of Arab and Indonesian publishers’ associations, authors, publishers,
and students visited the pavilion. All were impressed with and praised TRENDS’ diverse, valuable publications. They also commended TRENDS’ active
international presence and ability to address global developments with rigorous
analytical research.
Dr. Mohammed Abdullah Al-Ali honored the esteemed guests, including
ambassadors of the UAE and Bahrain to Indonesia, Wedha Startesti Yudha,
Chairperson of the Indonesia International Book Fair Committee, Arys Hilman
Nugraha, Chairman of the Indonesian Publishers Association, and others,
presenting them with TRENDS’ publications and commemorative shields.
Additionally, he awarded TRENDS’ Research Medal to Ni Made Ayu Martini
Indonesian Deputy Minister of Marketing, Tourism and Creative Economy
It is worth noting that during its current Asian research tour, TRENDS announced
the launch of the TRENDS Research Medal, awarded to individuals who make
significant contributions to the development of scientific research and promote collaboration with TRENDS in strengthening a culture of research across various fields.
US determined to prevent full-scale war in Middle East, Joe Biden tells UNGA79
US President Joe Biden highlighted the US Administration’s determination to prevent a wider war that engulfs the entire Middle East region, noting that a diplomatic solution “remains the only path to lasting security to allow the residents from both countries to return to their homes on the border safely”.
In remarks he made today before the 79th Session of the United Nations General Assembly (UNGA79), the US President said, “Full-scale war is not in anyone’s interest,” adding that a diplomatic solution is still possible.
He also touched on “the rise of violence against innocent Palestinians on the West Bank”, and the need to “set the conditions for a better future”, which he said featured “a two-state solution, where the world — where Israel enjoys security and peace and full recognition and normalised relations with all its neighbours, where Palestinians live in security, dignity, and self-determination in a state of their own”.
President Biden underscored the ceasefire and hostage deal put forth by Qatar and Egypt, which the UN Security Council endorsed. He said, “Now is the time for the parties to finalise its terms, bring the hostages home,” adding that this would help ease the suffering in Gaza, and end the war.