Expecting backlash, Kacsmaryk's ruling included a seven-day grace period for the Justice Department to file an appeal. If no appeal is filed, the national ban on Mifepristone would go into effect on Friday, April 14.
Indeed, within hours of Kacsmaryk's ruling, U.S. Attorney General Merrick Garland and the Justice Department filed an appeal against the verdict. The only problem is that the appeal is filed in New Orleans' 5th Circuit Court of Appeals, a panel of Trump-appointed judges that's among the nation's most conservative appeals courts,Even so, Garland's filing could allow Mifepristone to remain in circulation while the ruling goes through the appeals process.
. That ruling came in response to a separate lawsuit filed by 17 Democrat-led states and the District of ColumbiaThe Justice Department has asked Rice to clarify his order and explain how the FDA should comply once Kacsmaryk's order goes into effect, according to NBC.If the Justice Department loses its appeal in the 5th Circuit, the government is likely to appeal the decision in the U.S. Supreme Court, legal analysts say. Once there, it becomes difficult to say what could happen next.
Last summer, the conservative-dominated Supreme Court overturned Roe v. Wade, which enshrined a women's right to choose since 1973,Although the high court did overturn Roe v. Wade, it remains unclear whether the conservative justices would go so far as to uphold Kacsmaryk's ruling since it would intrude on the availability of abortion in states where it remains legal.
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