The request to the 5th U.S. Circuit Court of Appeals was filed just days after conflicting court rulings over the legality of the abortion medication mifepristone put in doubt access to the drug that has been widely available for more than 20 years.
U.S. District Judge Matthew Kacsmaryk, an appointee of Donald Trump, issued his decision Friday but ruled it would not take effect for seven days. The Biden administration asked the New Orleans-based appellate court to extend the pause on the Texas order.
“If allowed to take effect, the court’s order would thwart FDA’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” the Justice Department wrote.
[I’d bet the 5th Circuit grants a stay, given the circumstances. This is a procedural issue rather than a safety issue, although safety is one aspect of the necessity of these procedures. It’ll likely end up at the Supreme Court one way or another. — Ed]
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