Boxes of mifepristone, the first pill given in a medical abortion, are prepared for patients at Women's Reproductive Clinic of New Mexico in Santa Teresa, U.S., January 13, 2023.
The DOJ asked the U.S. 5th Circuit Court of Appeals to block U.S. Judge Matthew Kacsmaryk's unprecedented decision by noon Thursday "to enable the government to seek relief in the Supreme Court if necessary."
Kacsmaryk's suspension of the FDA's approval of mifepristone is set to take effect on Friday.
"If allowed to take effect, that order will irreparably harm patients, healthcare systems, and businesses," the Justice Department lawyers wrote in a court filing.
When asked whether Danco will stop distributing mifepristone if Kacsmaryk's decision takes effect this Friday, Ellsworth said the company will consult with the FDA about how to proceed.