Justice Department Seeks Supreme Court Intervention in Texas Abortion Drug Ruling

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 as the appeals process continues.


Front of federal court building is shown on Wednesday, March 15, 2023 in Amarillo, Texas. A conservative federal judge heard arguments Wednesday from a Christian group seeking to overturn the Food and Drug Administration’s more than 2-decade-old approval of an abortion medication, in a case that could threaten the most common form of abortion in the U.S. (AP Photo/David Erickson)
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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.

In this image from video from the Senate Judiciary Committee, Matthew Kacsmaryk listens during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, on Dec. 13, 2017. U.S. District Judge Matthew Kacsmaryk is holding a hearing in a case that could throw into jeopardy access to the nation’s most common method of abortion. He is a former attorney for a Christian legal group who critics say is being sought out by conservative litigants because they believe he’ll be sympathetic to their causes. (Senate Judiciary Committee via AP)

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.

Click play to listen to the report from AURN White House Correspondent Ebony McMorris. For more news, follow @E_N_McMorris & @aurnonline.

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