The Biden administration has requested the 5th U.S. Circuit Court of Appeals overturn a ruling that reversed federal approval of mifepristone, a drug used in medicated abortions.
According to The Hill, the Justice Department referred to the decision made by U.S. District Judge Matthew Kacsmaryk as an "unprecedented order countermanding the scientific judgment" of the Food and Drug Administration, and urged the appeals panel to reverse the decision.
The DOJ added that mifepristone has been a safe and effective drug for 23 years since it was first approved. The administration stated that Kacsmaryk's decision to revoke the drug's approval was "based on the court's deeply misguided assessment of mifepristone's safety."
The Biden administration argued that if the decision to revoke the drug's approval were upheld, it would harm women who rely on mifepristone as a safer and less invasive alternative to surgical abortions. It would also be damaging to health care providers and drug sponsors who depend on the FDA's scientific judgment and the administration of the nation's complex drug regulation system.
The plaintiffs, a group of anti-abortion physicians and organizations representing physicians, were also challenged by the administration. The Justice Department stated the plaintiffs do not have any legal standing to sue because they are not significantly affected by mifepristone's approval. The plaintiffs were said to rely on speculative arguments that have been previously rejected in other cases.
The appeals panel previously noted that one of the plaintiff's theories had been disavowed by the Supreme Court in other abortion cases. However, the Biden administration might face a challenging fight regarding the other theories.
Oral arguments are scheduled for May 17, and Kacsmaryk's ruling remains on hold during the appeal following an emergency intervention from the Supreme Court. The administration urged the appeals panel to overturn Kacsmaryk's decision.
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