The anti-abortion groups at the center of the Texas lawsuit over a widely used abortion pill urged a federal appeals court to let the controversial ruling that endangers access to the medication stand.
Those groups argued in a new filing overnight that no harm results from the 5th U.S. Circuit Court of Appeals letting Judge Matthew J. Kacsmaryk’s order invalidating the Food and Drug Administration’s 23-year-old approval of mifepristone go into effect. The groups had brought a challenge to the process by which the drug was originally approved and claimed the FDA ignored safety risks — something the agency vigorously disputes.
Mifepristone is part of the standard two-pill regimen for medication abortions. Democratic governors in New York and California announced plans this week to stockpile misoprostol, the second drug in the regimen. But it’s slightly less effective when taken alone and can have more side effects. The plaintiffs also want to see misoprostol banned, but it was not part of their original injunction request and is not covered by Kacsmaryk’s decision.
“If allowed to take effect, the court’s order would thwart FDA’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” the Justice Department wrote in a previous filing. “This harm would be felt throughout the country, given that mifepristone has lawful uses in every state. The order would undermine healthcare systems and the reliance interests of businesses and medical providers.
The DOJ and Danco have requested that the 5th Circuit issue an"administrative stay" of Kacsmaryk's ruling in order to allow more time for the legal process to play out, as well as a longer pause on the ruling during the course of the appeals process. The court could rule at any time. Kacsmaryk's ruling is set to go into effect early Saturday barring intervention from the court. Ain Washington state, however, has caused some uncertainty about the immediate practical and legal effect of Kacsmaryk's decision. Rice’s ruling requires the FDA to keep mifepristone on the market, and the Justice Department has asked for the judge to provide guidance on how to reconcile that order with Kacsmaryk’s decision.
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