The abortion drug mifepristone.
Phil Walter/Getty Images
Phil Walter/Getty Images
The Supreme Court is expected to respond as soon as Friday to a formal request from the Justice Department to block a federal appeals court decision that limits access to the abortion drug mifepristone.
The government, on behalf of the Food and Drug Administration, earlier today requested an immediate administrative stay to preserve the status quo while the court considers the request. Portions of a Texas district court’s order that limits the drug would otherwise take effect at 1:00 a.m. ET on Saturday, April 15.
The Justice Department is looking for a ruling that allows for the FDA to fully approve mifespristone on the market without restrictions as it has since 2000.
“This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone,” the DOJ says in the filing.
How the cases got here
In November of 2022, anti-abortion groups filed a lawsuit in Texas challenging the Food and Drug Administration’s approval of the drug — which happened in 2000.
Earlier this month, U.S. District Judge Matthew Kacsmaryk issued a preliminary injunction to vacate the FDA’s approval of the drug altogether.
The FDA responded by requesting an emergency stay of the decision, elevating the case for the Fifth Circuit Court of Appeals to weigh in.
The appellate panel then issued a complicated ruling on the injunction, siding in part with the FDA and part with the anti-abortion coalition.
It would allow the FDA’s original approval of mifepristone to remain in place, the panel said. But the panel also allowed Kacsmaryk’s injunction to remain in effect on the FDA’s later actions on mifepristone, including the expansion to 10 weeks of pregnancy and telehealth access — a decision that could greatly diminish access to the drug.
Meanwhile, a competing ruling out of Washington state could limit the Texas injunction’s reach.
The final ruling from the appellate panel led the DOJ to appeal even higher to the Supreme Court in hopes of ensuring access to the drug is fully restored.
Sarah McCammon and Becky Sullivan contributed to this report.