Key takeaways:
- The Justice Department has announced plans to appeal to the Supreme Court after the Fifth Circuit Court of Appeals reimposed restrictions on mifepristone.
- The FDA had previously lifted restrictions on the drug, but the Fifth Circuit Court of Appeals blocked a number of those moves.
- The Supreme Court has yet to decide whether it will take up the case, which could have a major impact on the availability of mifepristone and the rights of women to access the drug.
The Justice Department has announced plans to appeal to the Supreme Court after the Fifth Circuit Court of Appeals reimposed restrictions on mifepristone, commonly known as the abortion pill.
The court’s decision late Wednesday came in response to a legal battle between the Justice Department and the Food and Drug Administration (FDA). The FDA had previously lifted restrictions on the drug, but the Fifth Circuit Court of Appeals blocked a number of those moves.
In response, Attorney General Merrick Garland said Thursday that the Justice Department “strongly disagrees” with the court’s decision and will be asking the Supreme Court to intervene.
“The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal,” Garland said in a statement.
The FDA’s decision to lift restrictions on mifepristone had been welcomed by abortion rights advocates, who argued that the drug should be more widely available. However, opponents of abortion argued that the FDA’s decision was an overreach of its authority.
The Supreme Court has yet to decide whether it will take up the case. If it does, it could have a major impact on the availability of mifepristone and the rights of women to access the drug.
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