In a statement Thursday morning, Attorney General Merrick Garland said that the Justice Department will appeal the ruling to the Supreme Court.
PUBLISHED 5:00 AM CT Apr. 13, 2023A federal appeals court ruled just before midnight on Wednesday that the abortion pill mifepristone can still be used for now but reduced the period of pregnancy when the drug can be taken and said it could not be dispensed by mail.Just before midnight Wednesday, the 5th U.S.
The decision temporarily narrowed a ruling by a lower court judge in Texas that had completely blocked the Food and Drug Administration’s approval of the nation’s most commonly used method of abortion. Still, preventing the pill from being sent by mail amounts to another significant curtailing of abortion access — less than a year after the reversal of Roe v. Wade resulted in more than a dozen states effectively banning abortion outright.
Mifepristone was approved for use by the FDA more than two decades ago and is used in combination with a second drug, misoprostol. “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 Erin Hawley, an attorney for the group.
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and mifepristone’s manufacturer “warn us of significant public consequences” that would result if mifepristone were withdrawn entirely from the market under the lower court ruling. Democratic leaders in states where abortion remains legal since the Supreme Court overturned Roe v. Wade last year say they are preparing in case mifepristone becomes restricted.The White House also has contingency plans in place, but Jean-Pierre held off on detailing them while the legal action continued.
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