The drug, mifepristone, was approved for use by the Food and Drug Administration more than two decades ago.
that it would happen to avoid protests. His ruling came approximately three weeks later.
“If allowed to take effect, the court’s order would thwart FDA’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” the Justice Department wrote to the appeals court, which handles appeals from Texas, Louisiana and Mississippi. The department said the drug is used not only for abortions but also to manage miscarriages.
For now, at least, the Texas case seems a better bet to reach the Supreme Court. But it’s not totally clear how the Washington ruling might affect Kacsmaryk's order.The administration's request in the Texas case will be handled by three judges on the appeals court. The appeals court is dominated by conservative judges, but it's not yet clear which three judges will handle the case.
The judges also could grant a more lasting stay of Kacsmaryk’s ruling in the first instance, once both sides have made arguments in writing. The appeals court could also reject the administration’s plea.Whatever happens at the appeals court, the losing side will almost certainly will take its case to the Supreme Court. Once again, the administration could first ask for an immediate pause to give the justices more time to fully consider the issue.
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