Attorney General Merrick Garland on Thursday said the Department of Justice (DOJ) will ask the Supreme Court to pause a ruling that would roll back changes that make it easier to access mifepristone, the common abortion pill.
U.S. District Judge Matthew Kacsmaryk last week ruled that the Food and Drug Administration (FDA) violated federal standards when it first approved mifepristone 23 years ago, staying the agency’s initial approval of the pill.
Late Wednesday night, the 5th U.S. Circuit Court of Appeals ruled that mifepristone can remain on the market as the federal government’s appeal proceeds, but it meanwhile allowed portions of the Texas judge's ruling to stand that would roll back a series of actions the FDA has taken since 2016 that eased access.
DOJ will now ask the Supreme Court to pause those remaining portions, which go into effect early Saturday morning barring an intervention from the justices.
“The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal,” Garland said in a statement on Thursday. “We will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care.”
The request will first go to Justice Samuel Alito, who is assigned to handle emergency applications from the 5th Circuit. He could act on the application alone or refer it to the full court for consideration.
--DEVELOPING
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