DOJ seeks a stay of Texas abortion pill ruling

The Department of Justice asked an appeals court Monday to freeze an “extraordinary and unprecedented” ruling that said the Food and Drug Administration’s approval of an abortion drug, mifepristone, was unlawful.

Justice attorneys sought a stay of U.S. District Judge Matthew Kacsmaryk’s ruling out of Texas, which is set to take effect later this week and conflicts with a separate ruling from a federal judge in Washington state.

The administration wants the 5th U.S. Circuit Court of Appeals to hit pause on Judge Kacsmaryk’s ruling by Thursday and keep the stay in place as the case works its way toward the Supreme Court.

“The court’s sweeping nationwide relief was especially unwarranted given the balance of harms: 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,” Justice attorneys wrote.

The White House on Monday said it will dig in for a long legal fight after Judge Kacsmaryk concluded the process used to approve the drug two decades ago was unlawful and that access must temporarily cease.

The ruling enthused pro-life activists but also reinvigorated an abortion issue that Democrats are trying to use as a political cudgel against Republicans.

It also sparked confusion, as prominent Democrats called on the FDA to ignore the ruling, and Health and Human Services Secretary Xavier Becerra said all options are on the table.

The administration later clarified that it would comply with the courts.

Also Monday, Justice attorneys asked the court in Washington how to reconcile its ruling with the Texas decision.

“The court did not address the interaction between the two orders, presumably because they were issued less than 20 minutes apart,” DOJ attorneys wrote in court papers. “To ensure that defendants comply with all court orders in these unusual circumstances, defendants respectfully request that this court clarify their obligations under its preliminary injunction in the event that the [Texas order] takes effect and stays the approval of mifepristone.”