The Justice Department is appealing a Texas court ruling that would halt approval of the most commonly used method of abortion in the U.S. In its appeal Monday, the Justice Department called the decision “extraordinary and unprecedented.”
The Food and Drug Administration in 2000 granted approval to mifepristone, one of two drugs used forin the United States. There is essentially no precedent for a lone judge overruling the FDA's medical decisions, and pharmaceutical executives signed a letter Monday warning that the ruling could endanger other medications.
Kacsmaryk, an appointee of Donald Trump, issued his decision Friday but ruled it would not take effect for seven days — meaning the end of this week barring another court stepping in.by a different federal judge in the state of Washington, who within 20 minutes of Kacsmaryk's decision issued a separate ruling that directed U.S. authorities not to make any changes that would restrict access to the drug in at least 17 states where Democrats had sued.
Many providers must wait and see what happens in the courts between now and Friday before deciding what to do next, Jennifer Dalven, director of the American Civil Liberties Union’s Reproductive Freedom Project, told reporters. Courts have long deferred to the FDA on issues of drug safety and effectiveness. But the agency’s authority faces challenges inin which abortions are banned or unavailable in 14 states, while 16 states have laws specifically targeting abortion medications.
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