The federal appeals court late Wednesday partially blocked an unprecedented ruling by a single federal judge in Texas last week would reverse the Food and Drug Administration's approval of mifepristone.
The appeals court granted the Justice Department's emergency request to put on hold U.S. District Judge Matthew Kacsmaryk's decision to suspend the FDA's initial authorization of mifepristone back in 2000, citing the the statute of limitations.
However, the three-judge panel determined that other parts of Kacsmaryk's ruling, which suspends changes the FDA later made to mifepristone's approved use and halts distribution of the drug by mail, could still go into effect at the end of the day Friday.
The Justice Department on Thursday said it would take the fight over an abortion pill to the Supreme Court after an appeals court ruling that would restrict access to the widely-used abortion pill mifepristone.
The appeals court ruling was set to take effect early Saturday morning.
"The Justice Department strongly disagrees with the Fifth Circuit's decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal. We will be seeking emergency relief from the Supreme Court to defend the FDA's scientific judgment and protect Americans' access to safe and effective reproductive care," Attorney General Merrick Garland said in a statement.