The US government on Monday asked a federal appeals court to guarantee access to the abortion pill in the United States, as long as the legal battle over its authorization continues.
“The extraordinary and unprecedented judgment” of a federal court located in Texas which suspended this authorization, must “be blocked pending the substantive examination” of the file, writes the administration of Democratic President Joe Biden in its appeal. .
The American Medicines Agency (FDA) estimated in 2000 that mifepristone (RU 486) was “safe and effective” for terminating a pregnancy and authorized its marketing, recalls the government. Since then, more than 5 million Americans have used it and, when taken according to the instructions, “serious side effects are extremely rare”, he pleads again.
Its authorization suspended throughout the territory
The lower court decided to deprive patients of it “based on its own flawed risk assessment”, he writes. A coalition of abortion opponents filed a complaint against the FDA in November to challenge the marketing authorization for mifepristone.
Strategically, they had filed their appeal in Amarillo, Texas, where the only federal judge, Matthew Kacsmaryk, is known for his ultraconservative views.
On Friday, this magistrate agreed with them: considering, despite the scientific consensus, that mifepristone poses risks to the health of women, he suspended its authorization for the whole of the American territory, pending an examination of the merits of the case. .
Court battle
Anticipating his decision, a coalition of Democratic states took legal action at the end of February to try to preserve this pill which, taken in conjunction with misoprostol, now represents 53% of abortions in the United States. Several American Democratic states, including California, announced Monday to build up stocks of abortion pills, after a federal judge questioned the authorization to market mifepristone, approved for more than 20 years.
One hour after Judge Kacsmaryk’s decision, fellow Judge Thomas Rice, appointed by Barack Obama and sitting in Washington state, found mifepristone to be “safe and effective” and banned the FDA from withdraw its authorization in the 17 States at the origin of the appeal. More than 400 pharmaceutical and biotech executives called for the decision to be reversed on Monday, fearing it would pave the way for other drugs to be called into question.
On Monday, the federal government sent “a request for clarification” to this judge to find out how he should apply his decision, if the judgment of Judge Kacsmaryk was authorized to enter into force.