on Friday to preserve access to its abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues.that had the effect of tightening the rules under which the drug, mifepristone, can be prescribed and dispensed.The fight over mifepristone lands at the Supreme Court less than a year afterAn appeal from the Biden administration also is expected.
Still, the appeals court did not entirely withdraw FDA approval of mifepristone while the fight over it continues. The 5th circuit narrowed an April 7 ruling by U.S. District Judge Matthew Kacsmaryk, whose far-reaching and virtually unprecedented order would have blocked FDA approval of the pill. He gave the administration a week to appeal.
ADF attorneys said Thursday they did not plan to seek an appeal that might restore the Texas court’s full ruling at this point, signaling they were content with appellate outcome. The appeals court judges in the majority in Wednesday’s decision noted that the Biden administration and mifepristone’s manufacturer "warn us of significant public consequences" that would result if mifepristone were withdrawn entirely from the market under the lower court ruling.
If the appeals court’s action stands, those would again be the terms under which mifepristone could be dispensed for now. At the core of the Texas lawsuit is the allegation that the FDA’s initial approval of mifepristone was flawed because the agency did not adequately review safety risks.
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