DOJ Appeals Federal Judgment

Almost simultaneously on Friday, President Obama-appointed U.S. District Judge Thomas Owen Rice issued a competing ruling barring the FDA from removing the drug from the market in 17 states and the District of Columbia. . .

The dueling ruling caused confusion among medical professionals and providers, and it was not clear at the time what the conflicting orders meant for access to mifepristone.

But that means the Supreme Court will likely have to intervene sooner or later. And the Justice Department is now asking the Court of Appeals to continue granting access to mifepristone as the case progresses.

Mifepristone is one of two drugs used to treat medical abortion and miscarriage. First approved by the FDA in 2000, mifepristone is recognized as a safe and effective drug.

Kacsmaryk’s order has been widely condemned by abortion rights advocates, legal and medical professionals. More than 250 pharmaceutical executives condemned the decision in a letter Monday, calling it an “act of judicial interference.”

“This decision ignores decades of scientific evidence and legal precedent,” they said. “If a court can overturn a drug’s approval without considering the science, the evidence, or the complexities necessary to fully scrutinize the safety and efficacy of a new drug, any drug will have the same consequences as mifepristone.” There is a risk of becoming

Several lawmakers have also called on the FDA. Ignore Kacsmaryk’s rulingsaid federal agencies have the power to overrule the court’s decision.