We just learned which judges will be handling the Texas abortion pill litigation next — and it’s a bad sign for abortion rights. All three of the judges on the 5th U.S. Circuit Court of Appeals panel were appointed by Republican presidents, and two of them were appointed by Donald Trump. Their conservative bona fides are well established, with one of them even referring to the “moral tragedy of abortion” in an opinion.
The two Trump appointees are James Ho (the “moral tragedy” opinion author) and Cory Wilson; the third member of the panel, Jennifer Elrod, was appointed by George W. Bush. The judges will hear arguments on May 17, after the case was sent back to the 5th Circuit by the Supreme Court. Recall that, last month, over dissent from Justices Clarence Thomas and Samuel Alito, the Supreme Court blocked restrictions imposed by the 5th Circuit and anti-abortion Judge Matthew Kacsmaryk while litigation continues.
The issue of abortion was thrown into chaos with the Supreme Court’s Dobbs ruling last year and Kacsmaryk’s unprecedented order in April that suspended the Food and Drug Administration’s approval of mifepristone, a commonly used abortion medication.








