But even if those legal efforts fail and last Friday's order by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas goes into effect, essentially rendering the drug unapproved, the U.S. Food and Drug Administration could nonetheless continue to allow access to the drug, legal experts say.
The FDA, which has said it stands behind it determination that mifepristone is safe and effective, declined to comment.
CONTRADICTORY RULINGSThe FDA approved mifepristone, which is the first of a two-drug regimen to terminate a pregnancy within the first 10 weeks, in 2000.
Kacsmaryk put his ruling on hold until Friday to give the Biden administration, which supports access to abortion, time to pursue its appeal.
1985 PRECEDENTBut, even if the abortion pill's approval remains suspended, the FDA has precedent on its side to do nothing, legal experts said.