The Justice Department on Monday appealed a Texas court ruling that would halt approval of the most commonly used method of abortion in the U.S., calling the decision “extraordinary and unprecedented.”
Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloosa, Ala., March 16, 2022. Health and Human Services Secretary Xavier Becerra on Sunday, April 9, 2023, stressed that women for now continue to have access to the abortion medication mifepristone after the Texas judge stayed his ruling for a week so federal authorities could file a challenge. The drug was approved by the FDA in 2000.
In appealing to the 5th U.S. Circuit Court of Appeals, the Biden administration said Kacsmaryk’s “extraordinary and unprecedented order” should remain on hold while it challenges the decision.“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.
Underlining that confusion, the Justice Department on Monday separately asked the federal court in Washington state for clarity, given the competing orders. If the Texas court’s ruling takes effect, some providers are prepared to pivot to a misoprostol-only regimen while others may transition to only surgical abortions.
Among the pharmaceutical executives who signed the petition criticizing Kacsmaryk’s ruling was Albert Bourla, CEO of the pharmaceutical giant Pfizer, which has produced the biggest-selling COVID-19 vaccine and treatment in the U.S.
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