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Biden Administration Appeals Texas Judge’s Order on Mifepristone Abortion Drug Ban to 5th Circuit Court

(CTN News) – On Wednesday, the 5th Circuit Court of Appeals in New Orleans will hear the Biden administration’s appeal to overturn a Texas judge’s decision that would legalize the abortion drug mifepristone.
However, the 5th Circuit rules the case will likely go on for months or years. What you need to know about the case:
What Is Medication Abortion?
Medication abortions use mifepristone and misoprostol to terminate a pregnancy within the first 10 weeks. More than half of U.S. abortions happen there.
Two companies sell mifepristone in the US: Danco Laboratories, which sells Mifeprex, and GenBioPro Inc.
What Is The Legal Dispute About?
Amarillo, Texas-based Alliance for Hippocratic Medicine sued the US Food and Drug Administration last year over abortion.
Mifepristone was approved for abortion in 2000 using an illegal process and without adequate consideration of the drug’s safety, they claim, asking US District Judge Matthew Kacsmaryk to revoke it.
The FDA and mainstream U.S. medical associations strongly dispute the claims. In the case, Danco defended its drug.
How Did The Case Get To The 5th Circuit?
Kacsmaryk issued a preliminary injunction on April 7 suspending mifepristone’s approval while the lawsuit goes forward. Kacsmaryk found that the anti-abortion plaintiffs were likely to win on the merits even though the injunction wasn’t final.
Danco and the Biden administration appealed the injunction to the 5th Circuit. The Supreme Court issued an emergency order putting Kacsmaryk’s ruling on hold during the appeal, keeping mifepristone on the market for now, but didn’t address the case’s merits.
What Could The 5th Circuit Do?
After hearing arguments, the panel could either uphold Kacsmaryk’s injunction, which would suspend the approval of mifepristone while the case goes forward, or overrule it, which would keep it on the market.
Kacsmaryk’s order may also be partially upheld, allowing mifepristone to stay on the market but with significant restrictions. Earlier in the case, another 5th Circuit panel did just that, but the Supreme Court quickly overruled it.
Lastly, the panel could find the plaintiffs didn’t have standing to sue, as the government argues, which would effectively end the case unless overturned.
Whatever the court does, the losing party can appeal to the full 5th Circuit and the US Supreme Court. Mifepristone will stay available without new restrictions until all those appeals are over.
The three judges on Thursday’s panel are all conservatives who oppose abortion.
What About The Ruling From Washington State?
After Kacsmaryk’s order, US District Judge Thomas Rice in Spokane, Washington, issued a preliminary injunction barring the FDA from putting new restrictions on mifepristone.
17 Democratic-led states and the District of Columbia argued the government should loosen special safety restrictions around the pill, but the ruling only applies to them.
The injunction remains in effect. Any future ruling restricting mifepristone would probably need another appeal since it directly conflicts with any future ruling.
Are There Any Other Lawsuits Over Mifepristone’s Approval?
Yes, of course. Like the Democratic states’ lawsuit, abortion providers in Virginia, Kansas, and Montana sued the FDA last week.
The company sued the FDA last month, asking the court to stop the agency from pulling the drug off the market without going through a formal process.
The lawsuit argues that the FDA can’t just suspend approval without a process “regardless of external interference.” If successful, it would create another potential conflict with any future order limiting mifepristone.
GenBioPro is also suing West Virginia over its abortion ban, and a North Carolina doctor is fighting mifepristone restrictions there. Both lawsuits claim that mifepristone’s approval by the FDA conflicts with state laws.
When Will The Texas Case Be Finally Decided?
As soon as all the appeals over the preliminary injunction are over, both sides will get a chance to present evidence before Kacsmaryk. Mifepristone’s safety record and the FDA’s approval process could be evidence.
Kacsmaryk could then decide the case without a trial, called summary judgment, or include witness testimony in the trial.
Kacsmaryk could take months or years to make a decision. When that happens, the losing side can appeal to the 5th Circuit and the Supreme Court.
Note: Stay informed on the latest developments surrounding the contentious topic of abortion by accessing reliable news sources and staying up to date with the ongoing debates, legal battles, and societal discussions.

News
Google’s Search Dominance Is Unwinding, But Still Accounting 48% Search Revenue

Google is so closely associated with its key product that its name is a verb that signifies “search.” However, Google’s dominance in that sector is dwindling.
According to eMarketer, Google will lose control of the US search industry for the first time in decades next year.
Google will remain the dominant search player, accounting for 48% of American search advertising revenue. And, remarkably, Google is still increasing its sales in the field, despite being the dominating player in search since the early days of the George W. Bush administration. However, Amazon is growing at a quicker rate.
Google’s Search Dominance Is Unwinding
Amazon will hold over a quarter of US search ad dollars next year, rising to 27% by 2026, while Google will fall even more, according to eMarketer.
The Wall Street Journal was first to report on the forecast.
Lest you think you’ll have to switch to Bing or Yahoo, this isn’t the end of Google or anything really near.
Google is the fourth-most valued public firm in the world. Its market worth is $2.1 trillion, trailing just Apple, Microsoft, and the AI chip darling Nvidia. It also maintains its dominance in other industries, such as display advertisements, where it dominates alongside Facebook’s parent firm Meta, and video ads on YouTube.
To put those “other” firms in context, each is worth more than Delta Air Lines’ total market value. So, yeah, Google is not going anywhere.
Nonetheless, Google faces numerous dangers to its operations, particularly from antitrust regulators.
On Monday, a federal judge in San Francisco ruled that Google must open up its Google Play Store to competitors, dealing a significant blow to the firm in its long-running battle with Fortnite creator Epic Games. Google announced that it would appeal the verdict.
In August, a federal judge ruled that Google has an illegal monopoly on search. That verdict could lead to the dissolution of the company’s search operation. Another antitrust lawsuit filed last month accuses Google of abusing its dominance in the online advertising business.
Meanwhile, European regulators have compelled Google to follow tough new standards, which have resulted in multiple $1 billion-plus fines.

Pixa Bay
Google’s Search Dominance Is Unwinding
On top of that, the marketplace is becoming more difficult on its own.
TikTok, the fastest-growing social network, is expanding into the search market. And Amazon has accomplished something few other digital titans have done to date: it has established a habit.
When you want to buy anything, you usually go to Amazon, not Google. Amazon then buys adverts to push companies’ products to the top of your search results, increasing sales and earning Amazon a greater portion of the revenue. According to eMarketer, it is expected to generate $27.8 billion in search revenue in the United States next year, trailing only Google’s $62.9 billion total.
And then there’s AI, the technology that (supposedly) will change everything.
Why search in stilted language for “kendall jenner why bad bunny breakup” or “police moving violation driver rights no stop sign” when you can just ask OpenAI’s ChatGPT, “What’s going on with Kendall Jenner and Bad Bunny?” in “I need help fighting a moving violation involving a stop sign that wasn’t visible.” Google is working on exactly this technology with its Gemini product, but its success is far from guaranteed, especially with Apple collaborating with OpenAI and other businesses rapidly joining the market.
A Google spokeswoman referred to a blog post from last week in which the company unveiled ads in its AI overviews (the AI-generated text that appears at the top of search results). It’s Google’s way of expressing its ability to profit on a changing marketplace while retaining its business, even as its consumers steadily transition to ask-and-answer AI and away from search.
Google has long used a single catchphrase to defend itself against opponents who claim it is a monopoly abusing its power: competition is only a click away. Until recently, that seemed comically obtuse. Really? We are going to switch to Bing? Or Duck Duck Go? Give me a break.
But today, it feels more like reality.
Google is in no danger of disappearing. However, every highly dominating company faces some type of reckoning over time. GE, a Dow mainstay for more than a century, was broken up last year and is now a shell of its previous dominance. Sears declared bankruptcy in 2022 and is virtually out of business. US Steel, long the foundation of American manufacturing, is attempting to sell itself to a Japanese corporation.
SOURCE | CNN
News
2024 | Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

Washington — Trump Media, The Supreme Court announced Monday that it will not hear an appeal from social media platform X about a search warrant acquired by prosecutors in the election meddling case against former President Donald Trump.
The justices did not explain their rationale, and there were no recorded dissents.
The firm, which was known as Twitter before being purchased by billionaire Elon Musk, claims a nondisclosure order that prevented it from informing Trump about the warrant obtained by special counsel Jack Smith’s team violated its First Amendment rights.
The business also claims Trump should have had an opportunity to exercise executive privilege. If not reined in, the government may employ similar tactics to intercept additional privileged communications, their lawyers contended.
Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case
Two neutral electronic privacy groups also joined in, urging the high court to hear the case on First Amendment grounds.
Prosecutors, however, claim that the corporation never shown that Trump utilized the account for official purposes, therefore executive privilege is not a problem. A lower court also determined that informing Trump could have compromised the current probe.
Trump utilized his Twitter account in the weeks preceding up to his supporters’ attack on the Capitol on January 6, 2021, to spread false assertions about the election, which prosecutors claim were intended to create doubt in the democratic process.
The indictment describes how Trump used his Twitter account to encourage his followers to travel to Washington on Jan. 6, pressuring Vice President Mike Pence to reject the certification, and falsely claiming that the Capitol crowd, which battered police officers and destroyed glass, was peaceful.
Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case
That case is now moving forward following the Supreme Court’s verdict in July, which granted Trump full immunity from criminal prosecution as a former president.
The warrant arrived at Twitter amid quick changes implemented by Musk, who bought the company in 2022 and has since cut off most of its workforce, including those dedicated to combating disinformation and hate speech.
SOURCE | AP
News
The Supreme Court Turns Down Biden’s Government Appeal in a Texas Emergency Abortion Matter.

(VOR News) – A ruling that prohibits emergency abortions that contravene the Supreme Court law in the state of Texas, which has one of the most stringent abortion restrictions in the country, has been upheld by the Supreme Court of the United States. The United States Supreme Court upheld this decision.
The justices did not provide any specifics regarding the underlying reasons for their decision to uphold an order from a lower court that declared hospitals cannot be legally obligated to administer abortions if doing so would violate the law in the state of Texas.
Institutions are not required to perform abortions, as stipulated in the decree. The common populace did not investigate any opposing viewpoints. The decision was made just weeks before a presidential election that brought abortion to the forefront of the political agenda.
This decision follows the 2022 Supreme Court ruling that ended abortion nationwide.
In response to a request from the administration of Vice President Joe Biden to overturn the lower court’s decision, the justices expressed their disapproval.
The government contends that hospitals are obligated to perform abortions in compliance with federal legislation when the health or life of an expectant patient is in an exceedingly precarious condition.
This is the case in regions where the procedure is prohibited. The difficulty hospitals in Texas and other states are experiencing in determining whether or not routine care could be in violation of stringent state laws that prohibit abortion has resulted in an increase in the number of complaints concerning pregnant women who are experiencing medical distress being turned away from emergency rooms.
The administration cited the Supreme Court’s ruling in a case that bore a striking resemblance to the one that was presented to it in Idaho at the beginning of the year. The justices took a limited decision in that case to allow the continuation of emergency abortions without interruption while a lawsuit was still being heard.
In contrast, Texas has been a vocal proponent of the injunction’s continued enforcement. Texas has argued that its circumstances are distinct from those of Idaho, as the state does have an exemption for situations that pose a significant hazard to the health of an expectant patient.
According to the state, the discrepancy is the result of this exemption. The state of Idaho had a provision that safeguarded a woman’s life when the issue was first broached; however, it did not include protection for her health.
Certified medical practitioners are not obligated to wait until a woman’s life is in imminent peril before they are legally permitted to perform an abortion, as determined by the state supreme court.
The state of Texas highlighted this to the Supreme Court.
Nevertheless, medical professionals have criticized the Texas statute as being perilously ambiguous, and a medical board has declined to provide a list of all the disorders that are eligible for an exception. Furthermore, the statute has been criticized for its hazardous ambiguity.
For an extended period, termination of pregnancies has been a standard procedure in medical treatment for individuals who have been experiencing significant issues. It is implemented in this manner to prevent catastrophic outcomes, such as sepsis, organ failure, and other severe scenarios.
Nevertheless, medical professionals and hospitals in Texas and other states with strict abortion laws have noted that it is uncertain whether or not these terminations could be in violation of abortion prohibitions that include the possibility of a prison sentence. This is the case in regions where abortion prohibitions are exceedingly restrictive.
Following the Supreme Court’s decision to overturn Roe v. Wade, which resulted in restrictions on the rights of women to have abortions in several Republican-ruled states, the Texas case was revisited in 2022.
As per the orders that were disclosed by the administration of Vice President Joe Biden, hospitals are still required to provide abortions in cases that are classified as dire emergency.
As stipulated in a piece of health care legislation, the majority of hospitals are obligated to provide medical assistance to patients who are experiencing medical distress. This is in accordance with the law.
The state of Texas maintained that hospitals should not be obligated to provide abortions throughout the litigation, as doing so would violate the state’s constitutional prohibition on abortions. In its January judgment, the 5th United States Circuit Court of Appeals concurred with the state and acknowledged that the administration had exceeded its authority.
SOURCE: AP
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