The abortion drug mifepristone is under fire in the courts again. This time, the case about the controversial drug’s FDA approval is being taken up by the 5th Circuit U.S. Court of Appeals, under the authority of 3 Republican-appointed judges.

Mifepristone is a drug that is taken within the first 10 weeks of pregnancy to perform an abortion. It is usually paired with misoprostol, another abortion drug to end a pregnancy, but misoprostol can also be taken on its own to abort a pregnancy. A case was brought against the FDA by an anti-abortion group in March, which alleged that the FDA improperly fast-tracked the approval process for mifepristone. No cases have been brought that challenge the second drug, misoprostol. 

Previously, mifepristone faced challenges in a Texas District Court by Judge Matthew Kasmaryk. The conservative judge struck down the FDA’s approval of the drug on the basis that the FDA had fast-tracked the approval of the drug when they should not have. After that, the Supreme Court put a hold on Kasmaryk’s ruling during the appeals process, making it so that mifepristone is still available while the case continues into the appellate courts. Now the case has landed in New Orleans, in the 5th Circuit U.S. Court of Appeals under the authority of Judges Ho, Wilson and Walker Elrod. All 3 are all Republican-appointed judges. The court heard arguments on May 17, and are not expected to rule right away. 

No matter what the judges decide, it is very likely that this case will end up in the Supreme Court again for a final decision on the issue. For the case to end up in the high court, one party will have to petition the court to take the case. While there is no guarantee that the justices will agree to hear the case, it is likely. The Supreme Court has already expressed interest in the case, as well as in the issue of abortion. Though it will take a while for this issue to be resolved, the case is nearing the end of the process and there could be a decision from the Appellate Court in the upcoming weeks.