BREAKING: Appeals court partially blocks ruling that imperils access to key abortion pill mifepristone.
The 5th U.S. Circuit Court of Appeals granted the Justice Department's emergency request to put on hold the part of the decision issued bythat suspended the Food and Drug Administration's original approval of mifepristone, which dates back to 2000.
The 2016 changes among other things reduced the number of in-person visits that patients are required to make from three to one.The Justice Department can still ask the Supreme Court to intervene in an attempt to completely block Kacsmaryk's ruling. The administration would need to win the votes of at least five of the nine justices on the court, which has a 6-3 conservative majority.
Kacsmaryk’s decision “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. Those challenging the drug's approval said in court papers that a decision in favor of the federal government would"perpetuate FDA’s unlawful mail order abortion regime and result in further harms from a dangerous drug the district court found should never have been approved."
Complicating the situation further, a federal judge in Washington state issued a preliminary injunction in a different case on Friday barring the FDA from “altering the status quo and rights as it relates to the availability of mifepristone.”
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