Justice Department appeals Texas abortion pill order

AUSTIN, Texas — The Justice Department on Monday appealed a Texas court ruling that would halt approval of a drug used in the most common method of abortion in the U.S., calling the decision “extraordinary and unprecedented.”

If allowed to stand, the order issued last week by U.S. District Judge Matthew Kacsmaryk could restrict access to the abortion medication mifepristone as early as Friday, unsettling abortion providers less than a year after the reversal of Roe v. Wade already dramatically curtailed abortion access.

The Food and Drug Administration in 2000 granted approval to mifepristone, one of two drugs used for medication abortion in 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.

In appealing to the 5th U.S. Circuit Court of Appeals, the Biden administration said Kacsmaryk’s “extraordinary and unprecedented order” should remain on hold while it challenges the decision.

“If allowed to take effect, the court’s order would thwart FDA’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” the Justice Department wrote.

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.

Adding to the uncertainty was unresolved confusion Monday over a conflicting order 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.