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Biden Justice Department Promises To Bring Abortion Pill Case To The Supreme Court 

The Biden Administration’s Department of Justice issued a statement Thursday, committing to taking Wednesday’s circuit court ruling restricting the abortion pill all the way to the Supreme Court.

Yesterday, the U.S. Court of Appeals for the 5th Circuit temporarily blocked Trump-appointed Federal Judge Matthew Kacsmaryk’s decision to suspend the FDA’s approval of the dangerous abortion pill — mifepristone — but implemented some restrictions on the drug.

The circuit court ruled that the mifepristone will remain available but upheld Kacsmaryk’s suspension of mail-order abortion pills and reimplemented rules that the lethal drug can only be provided in person at a clinic or hospital, not via the mail or through retail pharmacies.

The court also ruled the drug would remain legal for up to seven weeks of pregnancy while the case is being appealed. Previously, the abortion pill was approved for up to 10 weeks of pregnancy. Lastly, the ruling requires that all adverse events related to the abortion pill once again be reported, not just fatalities. Before now, the FDA did not require reporting of non-fatal adverse reactions.

“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,” said U.S. Attorney General Merrick Garland. “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.”

Last week, Kacsmaryk froze the FDA’s approval of the abortion pill, explaining in a 67-page ruling how the FDA made neither a “scientific judgment” nor a legal one and why this supposed “reproductive care” is not safe for women. 

Kacsmaryk cited the physical and psychological threat the abortion pill poses to women, the minimal regulations on the dangerous drug, the potential special interests behind its approval and increasingly lax restrictions, as well as the drug’s eugenic roots.

[Read: Judge’s Abortion Pill Opinion Tells The Truth About ‘Unborn Humans,’ And The Left Can’t Stand It]

Crucially, Kacsmaryk ruled that the FDA was only able to approve the drug because it falsely characterized pregnancy as an “illness” under the FDA’s “Subpart H” regulations. The FDA also failed to prove abortion drugs are “safe and effective under particular conditions of use.” 

Democrats largely ignored the facts behind Kacsmaryk’s fact-based ruling and instead focused on semantics, slamming the judge for using the term “unborn human.” 

Kacsmaryk, however, explained in his footnotes that unborn human is the most scientifically accurate term because abortion drugs apply to multiple gestational stages, and the often misused term “‘fetus’ refers to a specific gestational stage of development, as opposed to the zygote, blastocyst, or embryo stages.”

Alliance for Hippocratic Me… by The Federalist

“Mifepristone is responsible for a 500 percent increase in abortion-related emergency room visits,” reports The Federalist’s Jordan Davidson. “One longitudinal study revealed that in at least 17 states with taxpayer-funded abortion, many of which have relaxed chemical abortion laws, emergency room visits within 30 days following chemical abortions grew to nearly 34 percent of all ER visits as of 2015.”

What often goes unstudied and unaccounted for in the public discourse surrounding the abortion pill are the emotional side effects. Indeed, the best argument against Garland’s claim that the abortion pill is “safe” comes from the personal testimonies of women who have taken it.

​​A pro-abortion TikToker by the name of Paris Glass recently uploaded a now-viral series of videos discussing the emotional and physical trauma she experienced from chemically aborting her unborn child. Glass describes experiencing excruciating physical pain while alone in her bathroom for hours.

Within 10 minutes of taking the abortion pill, Glass said she was “on the toilet sh-tting [her] guts out and vomiting at the same time.” The nausea medication did not mitigate the pain of having her cervix “forced open.” Glass recounted going through cycles of “intense, unbearable pain” until “a piece of tissue about the size of a lime [came] out of my body.” This pattern repeated for four hours.

Glass also described the agony of “meet[ing]” her aborted baby that she had internally labeled a “clump of cells.” “Even though logically I know it’s a clump of cells — it never felt anything — every emotional defense I had crumbled in one second,” Glass confessed. “Nothing and no one can make me hate myself more than I did in that moment.”


Evita Duffy-Alfonso is a staff writer to The Federalist and the co-founder of the Chicago Thinker. She loves the Midwest, lumberjack sports, writing, and her family. Follow her on Twitter at @evitaduffy_1 or contact her at evita@thefederalist.com.

The Federalist

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