WASHINGTON — The Biden administration is asking a federal judge in Washington state to explain how the government can comply with his order preserving access to the abortion pill in the face of a conflicting ruling by a federal judge in Texas.
In filing Monday in federal court in Spokane, Washington, the Justice Department pointed out to U.S. District Judge Thomas O. Rice that the Texas ruling, which overturned FDA approval for mifepristone, was set to go into effect on Friday.
“The result of that order appears to be in significant tension with this Court’s order,” the Justice Department said. “The Court did not address the interaction between the two orders, presumably because they were issued less than 20 minutes apart.”
U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, on Friday ruled that mifepristone’s 2000 approval by the Food and Drug Administration failed to take into account health concerns about the drug and was improperly politically motivated.
That order was swiftly followed by Rice’s. The case before Rice was brought by several Democratic attorneys general who sought an order affirming that mifepristone was properly approved and blocking the federal government from taking any steps to further restrict access to the drug.
Kacsmaryk was appointed to the bench by President Donald Trump, while Rice was appointed by President Barack Obama.
The Justice Department, which maintains that the FDA’s approval of the drug was proper and that the pill has been proved safe, filed a notice of appeal in the Texas case late Friday. Attorney General Merrick Garland said in an emailed statement the department will seek a stay on the order while it pursues the challenge.
