Biden Administration Appeals Ruling That Would Have Endangered Access to Abortion Pill Mifepristone

The Department of Justice on Monday filed a request in a federal appeals court to block a ruling from a Trump-appointed judge that would have endangered access to the key abortion pill mifepristone. The Biden administration asked the 5th U.S. Court of Appeals to put on hold U.S. District Judge Matthew Kacsmaryk’s ruling late last week to allow more time for the case to go through the appeals process.

Justice Department lawyers argued in court papers that Kacsmaryk’s ruling “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.” They also argued that the ruling was “extraordinary and unprecedented” and should be stayed pending appeal.

The FDA approved mifepristone in 2000, and it has since become one of the most commonly used abortion pills. The drug is used in combination with another drug, misoprostol, to terminate a pregnancy. The two drugs are typically taken within the first 10 weeks of pregnancy.

The Justice Department’s filing comes after Kacsmaryk’s ruling last week, which found that the FDA had not followed proper procedures when approving the drug. The ruling would have effectively blocked access to the abortion pill, which has been used by millions of women since its approval.

The Biden administration is appealing Kacsmaryk’s ruling and is seeking to have it put on hold while proceedings continue. The 5th Circuit will now decide whether to grant the Justice Department’s request and put the ruling on hold.