The US Department of Justice (DOJ) has announced that it will ask the US Supreme Court to intervene in a case concerning the availability of the abortion pill, mifepristone. This comes after a federal appeals court partially stayed a ruling that would have suspended the Food and Drug Administration's (FDA) approval of the drug, but would have prevented it from being prescribed after the seventh week of pregnancy or being dispensed by mail.
The DOJ is expected to request that the Supreme Court keeps mifepristone fully available while a government appeal goes forward. It may also seek an administrative stay, which would put the lower court rulings on hold while the justices consider a longer delay. The request will go to Justice Samuel Alito, who is assigned to handle emergency matters from the New Orleans-based 5th Circuit.
The case was triggered by a ruling from US District Judge Matthew Kacsmaryk, who argued that the FDA had given short shrift to safety concerns when it approved mifepristone in 2000. Kacsmaryk also claimed that the FDA violated an 1873 law when it said that mifepristone could be dispensed by mail. The 5th Circuit, which is considered to be the most conservative appeals court