Justice Dept. asks appeals court to block ruling that imperils access to abortion drug mifepristone

WASHINGTON — The Justice Department filed a request in a federal appeals court Monday seeking to block a ruling last week by a Trump-appointed judge that endangers access to the key abortion pill mifepristone.

The Biden administration asked the 5th U.S. Circuit Court of Appeals to put on hold U.S. District Judge Matthew Kacsmaryk's ruling late last week to allow more time for the case to go through the appeals process.

Danco, the maker of Mifeprex, the brand version of mifepristone, filed a similar request.

The appeals court later asked the plaintiffs in the case to respond soon to the Justice Department’s request.

The administration and Danco argued in court filings that Danco would face significant legal consequences if the Texas order went into effect. Putting the effective date of the drug on hold could cause Danco to go out of business, it claims, because it cannot market or distribute a non-FDA-approved drug.

The company also filed several declarations from doctors who say they couldn’t prescribe mifepristone if the Texas order stands because the drug wouldn’t have FDA approval.

White House press secretary Karine Jean-Pierre said the administration expects the case to work its way to the Supreme Court.

“We feel confident we will win," she told reporters Monday.

• Add to Google

New bill seeks to protect abortion patients by limiting access to data

04:31

Kacsmaryk's ruling "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," Justice Department lawyers wrote in court papers.

The anti-abortion coalition challenging the FDA's approval of the drug in 2000 waited too long to bring its lawsuit and doesn’t have legal standing, the lawyers wrote.

Kacsmaryk's ruling, which is set to go into effect at the end of the week, was "extraordinary and unprecedented," the lawyers added.

The Justice Department asked the appeals court to put an indefinite hold on the decision while the appeals process plays out. If the appeals court doesn’t grant the request, the government's only option would be to ask the Supreme Court to intervene. The government asked the appeals court to act by noon Thursday.

Danco's lawyers said Kacsmaryk's ruling adopted a "one-sided narrative" that "omits crucial facts," including the benefits of the drug for millions of women.

For Subscribers

FOR SUBSCRIBERSAbdul El-Sayed tries to woo MAHA voters as Democrats seek inroads with RFK’s supporters

FOR SUBSCRIBERSGOP super PAC increases its spending for Sen. Jon Husted in tough Ohio race

FOR SUBSCRIBERSKratom-like substances are popping up in a typically benign supplement

FOR SUBSCRIBERSRecords reveal tumultuous marriage between slain New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

Kacsmaryk, who is based in Amarillo, Texas, issued a ruling Friday that would suspend the FDA's longtime approval of mifepristone — the first of the two-drug regimen used to carry out medication abortions. He granted the plaintiffs a decision that could jeopardize access to mifepristone nationwide. However, he said he would give the federal government a week to appeal before his decision takes effect.

For Subscribers

FOR SUBSCRIBERSAbdul El-Sayed tries to woo MAHA voters as Democrats seek inroads with RFK’s supporters

FOR SUBSCRIBERSGOP super PAC increases its spending for Sen. Jon Husted in tough Ohio race

FOR SUBSCRIBERSKratom-like substances are popping up in a typically benign supplement

FOR SUBSCRIBERSRecords reveal tumultuous marriage between slain New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

Complicating the situation further, a federal judge in Washington state issued a preliminary injunction in a different case Friday barring the FDA from "altering the status quo and rights as it relates to the availability of mifepristone." That ruling applies only to the 17 liberal-leaning states and Washington, D.C., that sued in February challenging the FDA's regulations over the drug.

Earlier Monday, the Justice Department had filed a motion in federal district court in Washington state asking for clarification of Friday’s ruling telling the FDA to maintain the status quo on mifepristone.

The dueling decisions in Texas and Washington could mean the Supreme Court may soon take up the matter on an accelerated basis.

If Kacsmaryk's ruling in Texas goes into effect, mifepristone could be harder to get in the U.S.

"If allowed to take effect, the court’s order would thwart FDA’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity," the Justice Department wrote in the most recent filing. "This harm would be felt throughout the country, given that mifepristone has lawful uses in every State. The order would undermine healthcare systems and the reliance interests of businesses and medical providers."

A majority of abortions in the U.S. have been carried out with the use of pills, according to a survey conducted by the Guttmacher Institute, a research group that supports abortion rights.

Meanwhile, the Department of Health and Human Services on Monday walked back Secretary Xavier Becerra’s comments Sunday that the Biden administration could simply ignore the ruling in Texas.

At an event outside Atlanta, Becerra also said Monday that “mifepristone is still legal for use."

"Mifepristone is still available today," he said. "And we are going to do everything we can within the legal process to ensure that that doesn’t change."