The Justice Department has asked the Supreme Court to intervene in an urgent dispute over a Texas judge’s ruling on medication abortion drugs. The case is pivotal as it focuses on the FDA’s authority to regulate a drug used in most abortions in states where the procedure is still permitted.
Danco, the drug manufacturer, has also requested the Supreme Court’s intervention on an emergency basis. If the Supreme Court does not intervene, the District Court’s ruling, which blocks the FDA’s approval of the drug, will take effect and restrict access to mifepristone when the appeals process plays out.
The conflict began when U.S. District Court Judge Matthew Kacsmaryk issued a sweeping ruling that blocked the FDA’s approval of the drug in 2000 and subsequent amendments.
Late Wednesday, the Fifth U.S. Circuit Court of Appeals partially halted the ruling, allowing the drug to remain on the market but agreed that access could be limited.