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Justice Department seeks judicial stay to keep abortion drug available

The Justice Department and pharmaceutical company Danco Laboratories have requested an appeals court block a federal judge’s ruling that would suspend the approval of mifepristone, a widely used abortion pill. File Photo by Bill Greenblatt/UPI
1 of 2 | The Justice Department and pharmaceutical company Danco Laboratories have requested an appeals court block a federal judge’s ruling that would suspend the approval of mifepristone, a widely used abortion pill. File Photo by Bill Greenblatt/UPI | License Photo

April 10 (UPI) -- The Justice Department and pharmaceutical company Danco Laboratories have requested an appeals court block a federal judge's ruling that would suspend the approval of mifepristone, a widely used abortion pill.

Mifepristone has been on the market for more than 20 years and is used to end pregnancy within 10 weeks of gestation. U.S. District Judge Matthew Kacsmaryk, who was appointed by former President Donald Trump, ruled that the FDA's approval of the drug will be suspended and the suspension would go into effect on Friday at midnight.

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In his ruling, filed in the Northern District of Texas, Kacsmaryk said the FDA rushed through the approval process and violated its duty in approving the drug.

The request from the Justice Department and drug-maker Danco asks the U.S. 5th Circuit Court of Appeals for an administrative stay and a long-term stay so Kacsmaryk's ruling can be litigated, according to CNN. Both entities also have filed appeals.

"This harm would be felt throughout the country, given that mifepristone has lawful uses in every state," the filing by the Justice Department states. "The order would undermine healthcare systems and the reliance interests of businesses and medical providers. In contrast, plaintiffs present no evidence that they will be injured at all, much less irreparably harmed, by maintaining the status quo they left unchallenged for years."

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Rep. Nancy Mace, R-S.C., agreed Monday that the ruling by Kacsmaryk should be ignored during an interview with CNN's Kaitlan Collins.

"This is an FDA-approved drug. I support the usage of FDA-approved drugs, even if we might disagree," Mace said.

"This is an issue that Republicans have been largely on the wrong side of. We have, over the last nine months, not shown compassion towards women, and this is one of those issues that I've tried to lead on as someone who's 'pro-life' and just have some common sense."

Danco also requested that a stay be granted for at least 14 days so it can seek emergency relief from the Supreme Court, CNBC reports.

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