DOJ Appeals Texas Court’s Abortion Pill Ruling

WASHINGTON — The Justice Department has appealed a Texas court ruling that would block the sale of the abortion medication mifepristone, the most commonly used method of abortion in the United States.

In a filing before the 5th U.S. Circuit Court of Appeals, the department argues the decision by U.S. District Judge Matthew Kacsmaryk, a Trump appointee, was “extraordinary and unprecedented” and therefore should remain on hold while the appeal plays out.

“If allowed to take effect, the court’s order would thwart [the Food and Drug Administration’s] scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” the Justice Department wrote.

Kacsmaryk issued his decision late Friday but put off its enforcement for seven days to give the DOJ time to appeal.

The ruling shocked many legal observers because there is no precedent for a judge overruling a medical authorization by the FDA.

Separately on Friday, a federal judge in Washington state ruled that access to mifepristone should not be curtailed in at least 17 states where Democrats have sued to ensure its availability.

The conflicting rulings almost assure that the matter will ultimately be taken to the Supreme Court.

Mifepristone was approved for use by the FDA and has been widely used ever since. 

In a statement released shortly after Kacsmaryk’s ruling was handed down, Attorney General Merrick Garland said the Justice Department “strongly disagrees with the decision … in Alliance for Hippocratic Medicine v. FDA. 

“Today’s decision overturns the FDA’s expert judgment, rendered over two decades ago, that mifepristone is safe and effective,” Garland said, adding that the DOJ is “committed to protecting Americans’ access to legal reproductive care.” 

In a related move, New York Attorney General Letitia James led a multi-state coalition Monday in filing an amicus brief in the 5th Circuit, urging the court to stay the district court’s ruling pending appeal.

“The decision to halt the FDA’s long-standing approval of mifepristone was clearly misguided and not based on science or medical research,” James said in a written statement. 

“Restricting access to a medication that has been proven safe over decades of research harms public health and [the] rights of millions of Americans. So long as I am New York’s attorney general, every effort to weaken and deny abortion access will be met with the full force of my office,” she said.

Meanwhile, Washington state Gov. Jay Inslee announced he’d taken the unprecedented action of purchasing a three-year supply of mifepristone to ensure access to citizens of his state.

Dan can be reached at [email protected] and @DanMcCue