DOJ To Appeal Abortion Pill Case to Supreme Court

The abortion lobby is motivated and agitated, and it’s ready for a fight.

So are we.

Just moments before we entered the studio this morning, the Department of Justice (DOJ) announced it is about to file an appeal to the Supreme Court TODAY, asking for a stay of a federal court’s decision to strike down the FDA’s questionable approval of a dangerous abortion pill.

As reported this morning by Fox News:

President Biden is appealing a federal appeals court decision that places a partial restriction on the availability of abortion pills to the U.S. Supreme Court.

On Wednesday, the 5th U.S. Circuit Court of Appeals in New Orleans ruled 2-1 to keep the abortion drug mifepristone available only to be dispensed up to seven weeks, not 10, and not by mail. . . .

“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,” Attorney General Merrick Garland said in a statement. “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.”

Just yesterday, we posted an article analyzing the trial court’s ruling, which called out the FDA for its hasty approval of the pill, which was no doubt heavily influenced by the radical, abortion-worshiping Left. Not only is this pill lethal to unborn babies still in the womb, but it can be a deadly risk to the mother as well. The FDA’s approval was not only questionable but also irresponsible.

As we explained in our legal analysis:

The approval of the abortion pill, like the embrace of abortion itself, rests on faulty, indeed deadly, premises. Abortion takes the life of an innocent human being – and jeopardizes the mother as well. As the district court in AHM v. FDA observed (p. 58), the number of women suffering the consequences of medication abortions “would be considerably lower had FDA not acquiesced to the pressure to increase access to chemical abortion at the expense of women’s safety.”

Nevertheless, the Biden Administration, which seems beholden to the abortion industry for its generous campaign contributions, not only pushed hard to expand approval but also was  immediately ready to file an appeal and fight to abort as many babies as possible. In less than 24 hours, the Biden Administration and Left were ready to go all the way to the Supreme Court.

It’s disturbing that expanding abortion is a bigger priority to the Biden Administration than a host of much more important issues, like our disastrous border situation or oppressive inflation and high gas prices for hardworking Americans. And we’re going to hold them accountable. Within minutes of finding out about the DOJ’s plan, I requested the ACLJ legal team prepare an URGENT amicus brief to file in support of upholding the court’s decision, overturning the FDA’s specious approval. Countless unborn babies, and their mothers, are depending on us.

The fight for life, post-Dobbs, is going to continue to grow more complicated as the abortion lobby and radical Left scramble to increase abortion access in every conceivable scenario it can imagine. And we will continue to fight them in court – all the way to the Supreme Court – every time.

Today’s full Sekulow broadcast includes more analysis of the 5th Circuit ruling over mifepristone and the Biden DOJ’s announcement that it’s filing an appeal and what we can do to challenge them.

Watch the full broadcast below: