TBA Law Blog


Posted by: Paul Burch on Apr 13, 2023

The Biden administration is seeking an emergency intervention from the Supreme Court to allow access to the abortion pill mifepristone through mail order and without first seeing a physician, the Tennessean reports. Last week, U.S. District Judge Matthew Kacsmaryk issued a ruling invalidating the Food and Drug Administration’s 2000 approval of the pill citing insufficient research. On Monday, the Court of Appeals for the 5th Circuit issued an emergency stay of Kacsmaryk’s ruling, reinstating the pill’s approval but limiting usage from 10 weeks to seven weeks while ruling against distribution 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," said Attorney General Merrick Garland. “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."