The Justice Department said it would take the fight over an abortion pill to the Supreme Court after an appeals court ruling that would restrict access to the widely-used abortion pill mifepristone.
"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. 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," Attorney General Merrick Garland said in a statement.
The appeals court granted the Justice Department's emergency request to put on hold U.S. District Judge Matthew Kacsmaryk's decision to suspend the FDA's initial authorization of mifepristone back in 2000, citing the the statute of limitations. The challenge to mifepristone's FDA approval stems from a lawsuit filed in Amarillo, Texas, in November 2022 by Alliance Defending Freedom, an Arizona-based conservative Christian legal advocacy group working to outlaw abortion.
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