The Biden administration has appealed to the Supreme Court for partial restrictions on the availability of mifepristone, one of the two drugs used for medication abortions.
The 5th Circuit Court of Appeals in New Orleans ruled on Wednesday to allow the distribution of the pill for up to seven weeks. This partially overturned the ruling of a Texas federal judge that shut down the administration of the drug for seven days.
Marketed under new conditions by the 5th Circuit would require new labeling and prompt new approval from the Food and Drug Administration.
The Department of Justice “strongly disagrees” with the 5th Circuit’s decision to deny a request for a stay appeal in Alliance for Hippocratic Medicine v. FDA case.
"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,” Attorney General Merrick Garland said in a statement.
New court-imposed restrictions could block access to the pills for months, the drug’s distributor, Danco Laboratories, said in a petition with the Biden administration to the Supreme Court.
Without action from the Supreme Court, Danco may have to shut down operations of the drug entirely.