Conflicting Court Orders on Abortion Pill Mifepristone Cause Legal Turmoil in the US

Court Orders on Abortion Pill, mifepristone, have caused legal turmoil in the United States. The Food and Drug Administration’s approval of the drug, which is used in over half of all abortions across the US, was invalidated by a conservative judge in Amarillo, Texas. However, a liberal judge in Spokane, Washington issued a separate order directing the FDA to maintain access to the drug.
Dueling Court Orders on Mifepristone
The conflicting court orders appear to be “in significant tension,” according to the Department of Justice (DOJ). Mifepristone is used in more than half of all abortions nationwide and is also used to manage miscarriages. The DOJ is seeking clarification from the Washington-based judge, Thomas Rice, on how the federal government should comply with the orders.
DOJ Seeks Clarification from Judge
The DOJ has asked Judge Rice to “clarify” the government’s “obligations” in light of the conflict. The legal turmoil caused by the rival decisions may ultimately need to be resolved by the Supreme Court, which eliminated the constitutional right to abortion 10 months ago.
Drug Company and Government Appeal Ruling
The DOJ and a drug company that produces mifepristone have asked a federal appeals court to freeze the ruling of the Texas-based judge, Matthew Kacsmaryk. He has put his ruling on hold until this Friday, but the government and the drug company want the appeals court to keep it on hold while they pursue their appeals.
Legal Turmoil May Require Supreme Court Intervention
Kacsmaryk’s ruling is believed to be the first instance where a court has invalidated an FDA drug approval. If the ruling takes effect, selling the drug would become a criminal offense nationwide. The legal turmoil caused by the dueling court orders may ultimately need to be resolved by the Supreme Court.
Anti-Abortion Medical Group Files Lawsuit
Kacsmaryk acted in a lawsuit filed by anti-abortion medical groups that claimed the FDA broke the law when it approved mifepristone for abortion in 2000 and recently expanded access to the drug.
Biden Administration Signals Appeal
The Biden administration immediately appealed Kacsmaryk’s ruling on Friday night, even as some prominent Democrats and at least one Republican called on the administration to ignore the ruling. The administration suggested that step is premature and signaled that it would work through the appeals process for now.
Danco Calls Kacsmaryk’s Ruling an “Extreme Outlier”
Danco, which produces the brand-name version of mifepristone, called Kacsmaryk’s ruling “an extreme outlier” and contended he bent “every rule” to reach it. The company also said that Rice’s ruling indicates that Kacsmaryk’s decision went too far and should be blocked.
In conclusion, the legal battle over mifepristone continues, and the situation may ultimately require Supreme Court intervention. The conflicting court orders have created legal uncertainty, with the government and drug company Danco both appealing the ruling of the Texas-based judge.