The Justice Department on Monday filed an emergency stay motion with the 5th Circuit Court of Appeals seeking to block the order from a federal judge in Texas striking down the FDA’s approval of the abortion medication drug mifepristone.
“Rather than preserving the status quo, as preliminary relief is meant to do, the district court upended decades of reliance by blocking FDA’s approval of mifepristone and depriving patients of access to this safe and effective treatment, based on the court’s own misguided assessment of the drug’s safety,” the DOJ said.
“The district court took this extraordinary step despite the fact that plaintiffs did not seek relief for many years after mifepristone’s original approval, waited nearly a year after the most recent FDA actions they seek to challenge, and then asked the court to defer any relief until after a final resolution of the case,” the motion reads.