WASHINGTON - Conflicting rulings by two federal judges have left the future of abortion pills in the United States deeply uncertain, likely placing the divisive issue squarely in the lap of the Supreme Court.
His ruling brought an immediate vow from the Biden administration and the drug’s maker to appeal the matter in federal court. But adding to the uncertainty and increasing the odds the matter ends up before the Supreme Court was a contradictory ruling from a Washington state judge that came just hours after Kacsmaryk’s.
Several abortion clinics also said on Friday that they would continue using mifepristone until ordered not to by the FDA, US media reported. The Justice Department is still reviewing Rice’s ruling, Attorney-General Garland said in a statement.Given the sharply conflicting court rulings, the Justice Department might opt to take the case directly to the Supreme Court and not wait for the Fifth Circuit to act.
Chief Justice John Roberts, a conservative, is deeply protective of the image of the institution, and might vote with the three liberals in favor of the long-settled approval of mifepristone. The additional vote of one other conservative could provide a majority for the drug.
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