DOJ to Appeal Texas Court Decision Banning Mifepristone Use Nationwide

On Friday, April 12 2023 Attorney General Merrick B. Garland announced that the Department of Justice would be appealing a Texas court decision banning the use of mifepristone across the country. Garland stated that the department strongly disagreed with the decision and would be appealing it while also seeking a stay pending the appeal.

The Texas court’s ruling contradicted another decision in Washington et al. v. FDA, which ordered the Food and Drug Administration to keep mifepristone available. In this preliminary ruling, the State of Washington required the FDA to allow healthcare providers to mail abortion pills to patients in 17 states and the District of Columbia.

The mifepristone case is expected to eventually end up before the Supreme Court. Health and Human Services Secretary Xavier Becerra criticized the ruling, stating that it was regressive and would have a disastrous impact on women and families across America if it were not overturned. Becerra also pointed out that mifepristone was approved by the FDA as safe and effective for managing abortions decades ago and has been approved by drug regulators worldwide.

In addition to abortion care, mifepristone is also used by some physicians for miscarriage management, which can be a difficult time for women. Today’s ruling could affect access to this important medication as well.