DOJ To Ask Supreme Court To Intervene In Abortion Pills Case

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The Department of Justice (DOJ) is asking the Supreme Court to intervene in the Texas abortion pills case, it announced Thursday.

Attorney General Merrick B. Garland said Thursday that the DOJ “strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA.” On Wednesday night, the Fifth Circuit granted in part the government’s emergency motion for a stay pending appeal on a federal judge’s decision to suspend U.S. Food and Drug Administration (FDA) approval of the abortion pill, allowing the suspension on relaxed rules introduced by the FDA after 2016 to stand.

After 2016, the FDA allowed distribution of the abortion pill via mail and extended the latest point it could be used during pregnancy to 10 weeks.

“We will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care,” Garland said. (RELATED: Federal Appeals Court Allows Abortion Pill Approval To Stand, With Restrictions)

The DOJ filed its application to stay Northern District of Texas Judge Matthew Kacsmaryk’s order suspending FDA approval of mifepristone, the first of two drugs used in a chemical abortion, on Friday.

“If allowed to take effect, the lower courts’ orders would upend the regulatory regime for mifepristone, with sweeping consequences for the pharmaceutical industry, women who need access to the drug, and FDA’s ability to implement its statutory authority,” Solicitor General Elizabeth Prelogar wrote.

Pro-life advocates celebrated the Fifth Circuit’s partial block Thursday morning while looking forward to the case arriving at the Supreme Court.

“The 5th Circuit’s decision is a significant victory for the doctors we represent, women’s health, and every American who deserves an accountable federal government acting within the bounds of the law,” said Alliance Defending Freedom Senior Counsel Erin Hawley, who represented the plaintiffs.

Susan B. Anthony Pro-Life America’s State Policy Director Katie Daniel also said her organization is “very encouraged” by the ruling.

“The Court recognized that the abortion pill is dangerous and rolled back Biden’s reckless mail-order abortion scheme,” Daniel said. “We still believe it never should have been approved in the first place and we look forward to the Supreme Court hearing this case.”

This is a breaking news story and will be updated.

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