The Biden administration has asked the 5th U.S. Circuit Court of Appeals to pause U.S. District Court Judge Matthew Kacsmaryk’s ruling from Friday regarding mifepristone’s FDA approval. Mifepristone is one of the two drugs used in medication abortions.
The DOJ asked the court to “put on hold” the ruling until the administration can fully appeal his decision. The DOJ expressed its concern regarding the court’s decision to deprive patients of access to this safe and effective treatment, based on the court’s own misguided assessment of the drug’s safety. The administration requested the 5th Circuit to extend the one-week window before Kacsmaryk’s ruling went into effect and asked the court to do so by Thursday at noon “to enable the government to seek relief in the Supreme Court if necessary.”
According to the Justice Department, “the district court’s extraordinary and unprecedented order should be stayed pending appeal. Plaintiffs lack standing to challenge FDA’s approval of a drug they neither take nor prescribe… and they have provided no basis for second-guessing FDA’s scientific judgment.”
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