US Supreme Court Justice Samuel Alito Friday issued an order extending a temporary block on a lower Texas federal judge’s decision to suspend the US Food and Drug Administration’s (FDA) approval of the abortion drug mifepristone. As a result, mifepristone will remain available across the country through April 19.
On April 7, US District Court Judge Matthew Kacsmaryk suspended the FDA’s approval of the drug which would restrict its availability. However, the Biden administration filed an emergency application on Friday asking the US Supreme Court to reinstate the availability of the drug while the case is pending appeal.
Solicitor General Elizabeth Prelogar in the Friday filing stated, “This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone. ” She continued to say that the impact of the lower court’s decision “inflict[s] grave harm on women, the medical system, the agency, and the public.”
Alito’s order states that “responses to the application” may be filed until Tuesday, April 18. The temporary block will remain in effect until Wednesday, April 19.