US DOJ asks appeals court to block Texas judge abortion pill ruling
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The U.S. Justice Department (DOJ) urged an appeals court to block a Texas court's ruling that would halt the access to the abortion pill mifepristone.
The DOJ asked the U.S. 5th Circuit Court of Appeals to halt U.S. Judge Matthew Kacsmaryk's order, which suspended the Food and Drug Administration's (FDA) approval of mifepristone nationwide, as litigation continues.
The DOJ may ask the Supreme Court to intervene in the case.
Kacsmaryk, an appointee of former President Donald Trump, had given a week for the ruling to take effect â by 12 a.m. Saturday CT â to give the Biden administration time to appeal.
"If allowed to take effect, the courtâs order would thwart FDAâs scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity," Associated Press reported citing the DOJ.
On April 7, Attorney General Merrick Garland had said that the DOJ disagreed Texas court's decision and would appeal seeking a stay pending appeal.
"Todayâs decision overturns the FDAâs expert judgment, rendered over two decades ago, that mifepristone is safe and effective. The Department will continue to defend the FDAâs decision," said Garland.
Separately, the DOJ was also reviewing the decision of the District Court for the Eastern District of Washington.
The U.S. DOJ on Monday asked U.S. District Judge Thomas Rice to clarify how it should respond to his order to keep mifepristone on the market in about 17 states, in case the Texas court ruling goes into effect.
On Friday, Rice refrained the FDA from "altering the status quo and rights as it relates to the availability of mifepristoneâ in the 17 states and the District of Columbia which had filed a lawsuit to keep the drug on the market, according to a report from CNBC.
Rice's order had come about 20 minutes after Kacsmaryk's decision, the report noted.
On Monday, top executives from over 300 companies, including Pfizer (NYSE:PFE) Chairman and CEO Albert Bourla and Biogen (NASDAQ:BIIB) President and CEO Christopher Viehbacher, come forward in support of the FDA in an open letter.