Fate of US abortion drug hangs in balance ahead of Friday deadline

The drug, mifepristone, is used in more than half of all the abortions in the US. The ruling, issued by a federal judge in Texas, applies across the country.

The issue may ultimately fall into the hands of the US supreme court and its conservative supermajority, which eradicated abortion rights last year by overturning Roe v Wade.

Kacsmaryk stayed his decision for seven days to allow the Biden administration time to appeal. Shortly after the ruling from Texas, an Obama-appointed Washington district judge, Thomas Rice, issued a contradictory ruling that directs the FDA to keep the drug available in 17 states.

The dueling opinions set the stage for the supreme court to possibly intervene.

Dozens of those companies filed an amicus brief in the case on Tuesday night asking the appeals court to block the ruling. Another brief filed by 240 Democratic members of Congress also asked the court to intervene, while 69 Republican members signed a brief asking the court to uphold the ruling.

Mifepristone is used for abortion, miscarriage management and other medical care. If access to the drug is upended, abortion providers have said they will continue to prescribe the second of the two-drug protocol for abortions. However, that drug, misoprostol, has been found to be somewhat less effective and associated with more painful side-effects than the combination of pills.

With the mifepristone in doubt, the Biden administration asked Rice, the district judge in Washington, for clarification on how to proceed if the Texas ruling goes into effect, given that his decision orders the government to take no action that would hinder its availability.