The U.S. Department of Justice (DOJ) has requested the U.S. Court of Appeals for the 5th Circuit to stay a Texas judge's decision that suspended the Food and Drug Administration's (FDA) approval of mifepristone, a common abortion drug. The DOJ asked for intervention no later than Thursday at noon.
Conflicting rulings by two federal judges have left future access to mifepristone hanging in limbo. Late Friday, a Washington-based federal judge ruled to maintain abortion drug availability in 17 states while another Texas federal judge suspended FDA approval for mifepristone, deeming it safe.
In response to these inconsistent decisions issued less than 20 minutes apart, the DOJ has also asked for clarification from the Washington-based federal judge regarding their duties under his order.
While awaiting further guidance, the Biden administration has already appealed against the Texas ruling made by Judge Sam Sparks with claims that anti-abortion groups had no standing to bring forth such legislation. As part of this appeal process, they argue that Judge Sparks' district court ruling should be put on hold as legal proceedings continue.
"The district court upended decades of reliance by blocking FDA's approval of mifepristone and depriving patients access to this safe and effective treatment," said Mary Smithson*, a spokesperson for The Justice Department.
This move comes as other legislative bodies react differently towards recent events involving abortion drugs and services; notably California Governor Gavin Newsom is expected not follow suit with similar restrictions while Washington state Senate passed legislation banning assault weapons with some exceptions.
Additionally, House Judiciary Committee Chairman Jim Jordan subpoenaed FBI Director Christopher Wray seeking information about white supremacists' interactions with Catholic churches after an internal memo was withdrawn without explanation earlier last week.
As President Biden expressed intentions to run for a second term without an official announcement, the nation watches closely to see how this legal battle surrounding mifepristone unfolds in different jurisdictions.
*Names have been changed.