Future access to the abortion pill mifepristone now hangs in limbo after contradictory rulings late Friday by two federal judges.
"Rather than preserving the status quo, as preliminary relief is meant to do, the district court upended decades of reliance by blocking FDA's approval of mifepristone and depriving patients of access to this safe and effective treatment, based on the court's own misguided assessment of the drug's safety," the DOJ said.
The DOJ said the district court's unprecedented order should be stayed pending appeal. It argued the plaintiffs lack standing to challenge the FDA's approval of a drug they neither take nor prescribe; their challenge to FDA actions dating back to 2000 is manifestly untimely; and they have provided no basis for second-guessing FDA's scientific judgment.
"The district court granted a seven-day administrative stay. This Court should extend the administrative stay pending resolution of stay proceedings in this Court and, if necessary, the Supreme Court. The Court should then stay the district court's order pending appeal," the DOJ told the appeals court.
"The result of that order appears to be in significant tension with this Court's order prohibiting FDA from "altering the status quo and rights as it relates to the availability of Mifepristone in Plaintiff States," DOJ said in a motion filed with Rice. "The Court did not address the interaction between the two orders, presumably because they were issued less than 20 minutes apart.
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