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David Cohen

David S. Cohen is a Professor of Law at Drexel University's Thomas R. Kline School of Law, a leading national expert on abortion law and reproductive rights.

May 8, 2026

2:35
Um, can we start with a brief history of the cases challenging the approval of mifepristone? I know that there's been two cases that the Fifth Circuit has touched, but it's been confusing for me even to keep track of what's going on in those or what's gone on in those two cases.
2:48
Yeah.
2:48
So in twenty twenty-two, soon after Dobbs, the first case was filed.
2:53
Um, and that was a challenge not just to the recent changes with mifepristone's availability but also to its two thousand approval.
3:02
And that case, um, was interesting because it was heralded by the anti-abortion movement as, like, the big post-Dobbs push to not only allow states to ban abortion, which obviously happened after Dobbs, but this is going to get rid of medication abortion.
3:19
Um, and it failed because in twenty twenty-four, the Supreme Court said that these doctors, a bunch of anti-abortion doctors, didn't have what's called standing to bring the case, meaning they weren't the right people to challenge it because they hadn't been personally injured by the approval of mifepristone or the relaxation of its availability.
3:38
So the thing is, that case didn't go away entirely, um, and it sort of morphed into three other cases brought by no longer doctors but by three different groups of anti-abortion states.
7:30
Um, and so tell us what those actions meant, and then what do they, what do, what do they indicate, do you think, for the future?

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