AUSTIN, Texas — The Justice Department on Monday appealed a Texas court ruling that would halt approval of a drug used in the most common method of abortion in the U.S., calling the decision “extraordinary and unprecedented.”
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. Adding to the uncertainty was unresolved confusion Monday over a conflicting order by a different federal judge in the state of Washington, who within 20 minutes of Kacsmaryk’s decision issued a separate ruling that directed U.S. authorities not to make any changes that would restrict access to the drug in at least 17 states where Democrats had sued.
Many providers must wait and see what happens in the courts between now and Friday before deciding what to do next, Jennifer Dalven, director of the American Civil Liberties Union’s Reproductive Freedom Project, told reporters. The lawsuit in Texas was filed by the Alliance Defending Freedom, which was also involved in the Mississippi case that led to Roe v. Wade being overturned. At the lawsuit’s core is the allegation that the FDA’s initial approval of mifepristone was flawed because it did not adequately review its safety risks.
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