NEW: The Justice Department asked the Supreme Court to block federal court rulings that imposed restrictions on the widely used abortion pill mifepristone.
to the Food and Drug Administration's decision-making authority., and the issue of which one prevails will be up to the justices.The New Orleans-based 5th U.S. Circuit Court of Appeals on Thursday partially blocked a Texas federal court order that halted the Food and Drug Administration's approval of mifepristone.
If the portions of the Texas ruling that the 5th Circuit did not block take effect, they would "upend the status quo based on the court's deeply misguided assessment of mifepristone's safety," the DOJ argues. While the FDA has spent the week "grappling with" the Texas and 5th Circuit rulings, "another district court has enjoined FDA from doing anything to change the conditions on the distribution of mifepristone in 17 states and the District of Columbia — which means that FDA risks contempt if it takes action to permit the marketing of mifepristone in a manner consistent with the 5th Circuit's order.
The uncertainty around mifepristone's availability means that "Danco cannot legally market and distribute mifepristone," the company says.
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