A federal appeals court has granted the Justice Department's emergency request to partially put on hold a ruling by Trump-appointed Judge Matthew Kacsmaryk, which could have endangered access to the abortion pill mifepristone. The court's decision puts at risk widespread availability of the drug, as it would require patients to make in-person visits to obtain it.
The separate part of Kacsmaryk's decision that suspends changes made by the FDA in 2016 could still go into effect. In response, the Justice Department may ask the Supreme Court to intervene in an attempt to completely block the ruling.
"The ruling may take up matters on an accelerated basis if allowed," said legal expert John Thompson. "The court found that 'it appears the statute of limitations bars' plaintiff’s challenge to drug’s approval."
In this case, a federal appeals court has permitted U.S. Food and Drug Administration (FDA) approval for mifepristone with some limitations temporarily applied. The Biden administration appealed and filed an emergency motion with the Fifth Circuit shortly after Northern District of Texas Judge Matthew Kacsmaryk issued a preliminary injunction against FDA approval.
Susanne Richards, spokesperson for Pro-Choice Alliance commented: “This is another setback for those seeking safe access to reproductive healthcare.”
Pro-life groups are celebrating this decision while acknowledging potential risks associated with later-term abortions using mifepristone.
"We understand there might be complications when dealing with gestation periods over nine weeks," said Margaret Carlson from Right To Life Organization. "However, we believe restricting access will ultimately save lives."
Other regulations suspended by Judge Kacsmaryk include Risk Evaluation and Mitigation Strategy (REMS), which was permanently suspended under President Biden’s administration in December 2021.
As legal battles continue over mifepristone accessibility and its use within certain gestation periods, observers anticipate that the case will eventually reach the Supreme Court.
"The DOJ is asking the Supreme Court to intervene in the abortion-pill case," said legal analyst Karen Mitchell. "This matter should be treated as an important issue of public policy and health rather than just a political battle."
It remains uncertain how quickly this case may progress, but its impact on reproductive rights continues to engage both sides of the abortion debate.