The Justice Department and a pharmaceutical company that makes the abortion pill mifepristone have asked the Supreme Court to step into the legal battle involving the drug.
but blocked a number of moves by the Food and Drug Administration that expanded its availability.
"The abrupt shift in the regulatory landscape that would be required by the lower courts' orders raises a host of unprecedented issues and has put FDA and regulated entities in an impossible position," the Justice Department said. The FDA also approved a generic version of mifepristone in 2019 and lifted a requirement that the pills be dispensed in-person in 2021, which allowed the drug to be prescribed by a provider during telemedicine appointments and sent by mail.
"The Justice Department strongly disagrees with the Fifth Circuit's decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal," Attorney General Merrick Garland said in a Thursday, before the Justice Department formally made its request."We will be seeking emergency relief from the Supreme Court to defend the FDA's scientific judgment and protect Americans' access to safe and effective reproductive care.
The competing orders only inject further chaos and confusion into a legal landscape upended by the Supreme Court's reversal of Roe.
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