The White House has said that the legal battle over mifepristone will continue after a US court ruled that the abortion pill will remain available but with restrictions
The administration will seek emergency relief from the Supreme Court to defend the U.S. Food and Drug Administration's "scientific judgment and protect Americans' access to safe and effective reproductive care," Garland said in a statement.
The order includes requiring in-person doctor visits to obtain the pill and limiting its use to the first seven weeks of pregnancy, down from the current 10.the Justice Department's bid to undo those curbs, which effectively reinstate limits on the pill's distribution that had been lifted since 2016. The 5th Circuit agreed to pause another part of Kacsmaryk's injunction that would have removed the drug from the market by suspending its federal regulatory approval.
The Alliance Defending Freedom, the conservative legal group representing the plaintiffs, in a statement on Thursday called the 5th Circuit decision "a significant victory for the doctors we represent, women's health and every American who deserves an accountable federal government acting within the bounds of the law."
The 5th Circuit found that the plaintiffs had waited too long to challenge the original 2000 regulatory approval of mifepristone but were likely to succeed in targeting the agency's decisions in recent years expanding access. The Justice Department has said the challengers have no basis for second-guessing the FDA's scientific judgment and that when used as directed, adverse effects of mifepristone are exceedingly rare "just as they are for many common drugs like ibuprofen."
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