(WXYZ) — The Biden administration is fighting a federal judge's ruling in Texas to suspend the FDA's approval of mifepristone, one of the most commonly used drugs to end a pregnancy.
This comes as another federal judge in a separate Washington State case ordered the FDA to refrain from making any changes to the medication's availability.
The contradictory decisions ignited what could be a lengthy and consequential legal battle.
U.S. District Judge Matthew Kacsmaryk in Texas ruled to suspend the FDA-approved pill this past Friday stating that the Food and Drug Administration had ignored certain risks in approving the drug 23 years ago.
Nearly an hour later U.S. District Judge Thomas Rice in Washington State issued an injunction to protect access to mifepristone.
Either decision could have major implications for abortion access throughout the country.
Now, the Biden administration is promising to use "every option" to preserve Americans' access to the drug.
"This is not America," Xavier Becerra said. "What you saw by that one judge in that one court in that one state, that's not America."
But that one judge could block every American's access to the pill even if they live in a state like Michigan where abortion is legal.
“I would never prosecute medical professionals or women for obtaining a safe and legal abortion,” Oakland County Prosecutor Karen McDonald said.
She says she finds fault against the hold being placed on a drug federally approved for more than 20 years.
“There is confusion and frustration that the drug they have been prescribing and using is somehow being tainted as unsafe when in fact it is," she said.
The ruling will head to a conservative court of appeals in New Orleans which will decide if the pill should stay on shelves. While this case makes its way through the legal system, pro-life groups say they are hopeful
"We're happy to obtain that preliminary ruling from the district court. But we know, obviously, this is not the last stage and the last word on this issue, and we're ready to go to the next stage," Erik Baptist with Alliance Defending Freedom said.
