The Biden Administration has asked the Supreme Court for intervention after a federal appellate court reversed only a part of its decision to suspend FDA approval, but did not block the entire ruling.

In a statement released on Thursday, Attorney General Merrick G. Garland stated that the Department of Justice will be contacting the Supreme Court following the 5th U.S. The Circuit Court of Appeals of New Orleans, which issued a decision late Wednesday night, partially reversed a U.S. district judge Matthew Kacsmaryk’s ruling that halted FDA approval of mifepristone.

The Justice Department is strongly opposed to the Fifth Circuit decision in Alliance for Hippocratic Medicine Vs. FDA, which denied in part our request for an appeal stay. Garland stated that the Supreme Court will grant emergency relief to protect Americans’ right to access safe and effective reproductive health care and defend FDA’s scientific judgement.

It was announced as the matter was likely to be brought before the Supreme Court due to conflicting rulings by federal judges from Washington and Texas.

The 5th U.S. Circuit Court ruled on Wednesday that mifepristone, a pill used in up to half of all abortions, cannot be mailed and can only be used until the seventh week of pregnancy. Circuit Court, the mifepristone pill, which is used in about half of all abortions can’t be mailed. It can also only be used until week seven of pregnancy. A conflicting ruling by U.S. district judge Thomas O. Rice ruled that the FDA should still be allowed to use the drug by 17 Democratic-led States who had filed a lawsuit against chemical abortions.

Judges Kurt Engelhardt, Andrew Oldham and Catharina Haines, all appointed by the former president Donald Trump, supported the restrictions, while Judge Catharina Hayne, appointed by the former president George W. Bush was against regulating the chemical abortifacient pill.

The judges added the restrictions because they did not consider them “critical”, because between 2000, when the FDA approved the drug and 2016 when it changed the way mifepristone is obtained, “the nation operated without them and millions of women were administered mifepristone”

Kacsmaryk explained that the approval was based on poor studies.

“Simply stated, FDA removed even more restrictions relating to chemical abortion drugs which were present in the final phase the investigation. This was done by building on the already suspect 2000 Approval. He said that it relied on studies which included conditions FDA would not have accepted.

Kacsmaryk’s decision was widely applauded by pro-life organizations, but condemned by the Biden Administration who promised to appeal the ruling.

Karine Jean-Pierre, White House Press Secretary, said this week that the White House would continue to fight the case in court. She believes the law will be on her side and she will win.

The Alliance for Hippocratic Medicine, along with other pro-life organizations represented by Alliance Defending Freedom lawyers, sued to have mifepristone withdrawn.

“Pregnancy does not cause illness and chemical abortion drugs do not provide therapeutic benefits. They can also pose serious and even life-threatening risks to the mother in addition to terminating a child’s life. “The FDA never had the right to approve these dangerous drugs and remove vital safeguards,” stated ADF Senior Counsel Erik Baptist.