The federalist

Biden Justice Department Promises To Bring Abortion Pill Case To The Supreme Court 

The Department of Justice under the Biden administration recently released a statement committing to bring the circuit court ruling from Wednesday, which puts a limit on the approval of the dangerous abortion pill, to the Supreme Court for legal action.

The U.S. Court of Appeals for the 5th Circuit temporarily blocked the Trump-appointed Judge Matthew Kacsmaryk’s decision to suspend the approval of mifepristone, better known as the abortion pill, but placed restrictions on the drug. The circuit court confirmed that the pill will still be available, but it upheld the suspension of mail-order abortion pills and imposed restrictions that the drug is only available in person at hospital or clinics, not via mail or pharmacies.

The court also approved the use of the drug for up to seven weeks of pregnancy, but this was shortened from the previous 10 weeks it was approved for. In addition, the court required that all complications found in relation to the abortion pill be reported, not only fatal cases. Before, the FDA did not require reports of non-fatal complications.

“The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal,” said U.S. Attorney General Merrick Garland. “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.”

Previously, Judge Kacsmaryk blocked the FDA’s approval of the abortion pill and stated that the approval was made neither on scientific nor legal grounds. He cited that the abortion pill poses a physical and psychological risk to women, with minimal regulations because of its potential special interests, eugenic roots, and increasingly lax restrictions.

Kasmaryk ruled that the FDA was only able to grant its approval due to its description of pregnancy as an “illness” under the FDA’s “Subpart H” regulations. The FDA did not prove that abortion drugs are safe and effective when used under certain conditions.

However, Democrats criticized Judge Kasmaryk’s fact-based ruling and instead focused on his use of the term “unborn human,” which he explained was scientifically accurate because abortion drugs apply to multiple gestational stages, and the term “fetus” only refers to a specific gestational stage of development, as opposed to the zygote, blastocyst, or embryo stages.

Moreover, studies often overlook the emotional side effects of the abortion pill. Many women suffer from emotional and physical trauma from taking the abortion pill. A TikTok pro-abortion user recently went viral discussing her emotional and physical anguish from terminating her pregnancy with the abortion pill, highlighting the pain she went through for hours with endless cycles of “intense, unbearable pain.” She also described the agony of meeting her aborted baby which she had first seen as a “clump of cells.”



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