Supreme Court Issues Stay On Texas Mifepristone Decision | Responses Due Tuesday

Supreme Court Issues Administrative Stay On Texas Judge Mifepristone Decision AOC She

On Friday, U.S. Supreme Court Justice Samuel Alito issued an administrative stay on the Texas court ruling concerning the abortion medication mifepristone. This came after the Justice Department announced on Thursday that it would seek emergency relief from the Supreme Court to defend the Food and Drug Administration's (FDA) approval of the pill and protect Americans' access to safe and effective reproductive care.

Justice Samuel Alito signed the order asking both sides to file briefs by Tuesday over which parts of U.S. District Judge Matthew Kacsmaryk’s April 7 Amarillo, Texas ruling should be left standing — if any — while the court considers the case.

In addition to the Biden Administration, New York-based Danco Laboratories, the maker of the pill, asked the justices to intervene.

The legal situation was further complicated when a separate federal judge in Washington state on Thursday clarified his own order from April 7 instructing the FDA not to do anything that could block mifepristone’s availability in 17 Democrat-led states suing to keep it on the market.

The two federal district court judges are in direct opposition to each other.

“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,” Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, wrote Friday, less than two days after the appellate ruling.