The Department of Justice (DOJ) has filed an immediate appeal after a Texas federal judge revoked the Food and Drug Administration’s (FDA) approval of mifepristone, a drug used in medication abortion. The DOJ appealed directly to the U.S. Court of Appeals for the Fifth Circuit, stating that it strongly disagrees with the decision and will be seeking a stay pending appeal. The ruling by U.S. District Judge Matthew Kacsmaryk claimed that the FDA’s approval of mifepristone in 2000 was unlawful, alleging that the agency manipulated the drug approval process to allow widespread chemical abortions. The DOJ argues that the FDA’s decision should be defended.
The decision to revoke mifepristone’s approval does not take effect for seven days, giving the DOJ time to pursue its appeal. The conservative Christian legal group Alliance Defending Freedom filed the initial lawsuit in November, claiming that the FDA exceeded its authority 22 years ago when it fast-tracked the approval of mifepristone. However, medication abortion, which combines mifepristone with another drug called misoprostol, has a long-standing track record of safety and efficacy. In fact, it accounts for nearly 60% of all abortion and miscarriage care in the U.S.
On the same day as the Texas ruling, a federal judge in Washington state issued a competing decision that blocks the FDA from revoking mifepristone’s approval in 17 states and the District of Columbia. Legal scholars speculate that these conflicting rulings will prompt the U.S. Supreme Court to intervene. Attorney General Merrick Garland stated that the DOJ is reviewing the Washington state judge’s decision as well.
The Texas judge’s ruling and the uncertainty surrounding its implications are seen as a significant setback for abortion rights in the U.S. Vice President Kamala Harris described the decision as unprecedented and warned that it undermines the FDA’s ability to approve safe and effective medications based on science rather than politics. She emphasized the importance of ensuring access to approved medications for all Americans and pledged to protect reproductive freedom and healthcare decision-making from political interference.
In conclusion, the DOJ has appealed a Texas federal judge’s decision to revoke the FDA’s approval of mifepristone for medication abortion. The judge claimed that the FDA’s approval was unlawful and manipulated, while the DOJ argues for the defense of the FDA’s decision. Conflicting rulings in Washington state and Texas may prompt the Supreme Court to intervene. This ruling has significant implications for abortion rights and undermines the FDA’s ability to approve medications based on scientific evidence. Vice President Kamala Harris expressed concern about the decision and vowed to protect reproductive freedom and healthcare decision-making.
