Breaking news: The DOJ on Monday appealed a Texas judge’s decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill.
the Federal Drug Administration to revoke its approval of mifepristone — one of the two medications used in more than half of all abortions in the United States.
If the appeals court does not pause, or stay, the order while the appeal is decided, or is slow in making that decision, the Justice Department could go directly to the U.S. Supreme Court in an effort to keep mifepristone available for women seeking to terminate their pregnancies. The high court will almost certainly hear the case eventually, either before or after the 5th Circuit rules.
The government’s attorneys argued that the scientific evidence has repeatedly proven mifepristone to be safe and effective since the FDA approved its use more than 20 years ago.Both groups acknowledged in the hearing that there is no precedent for a court to order the suspension of a long-approved medication.
Even the Justice Department was somewhat unclear about the path forward, given the two conflicting rulings. On Monday, the Justice Department asked the judge in the Washington state case for clarification for how to reconcile the contradictory opinions.“The Court did not address the interaction between the two orders, presumably because they were issued less than 20 minutes apart,” the Justice Department wrote in its Monday filing in the Washington case.
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