The ongoing legal battle, the latest twist in the assault on abortion rights in the United States, threatens to have major consequences for access throughout the United States to this pill, mifepristone.

In combination with another drug, it is used for more than half of abortions in the United States, and more than five million American women have already taken it since it was approved by the U.S. Food and Drug Administration (FDA) more than two decades ago.

If it goes into effect, a federal appeals court ruling Wednesday would have "immense consequences for the pharmaceutical industry, women needing access to the drug, and the FDA's ability to enforce its regulatory authority," the government said.

Last week, a federal judge in Texas, seized by anti-abortion activists, withdrew the marketing authorization of mifepristone.

He had set a one-week delay before his decision would apply.

Seized by the federal government, an appeals court partially overturned the judge's decision, allowing the abortion pill to remain authorized for the time being -- but he reversed the access facilities granted by the FDA over the years.

His judgment thus amounts to prohibiting the mailing of mifepristone, and returning to a use limited to seven weeks of pregnancy, instead of ten.

In its application, the government asks for a "stay" of the judgment of the Court of Appeal "to preserve the status quo", pending an examination of the case on the merits.

Otherwise, the restrictions, which will apply at 01:00 am on Saturday (05:00 GMT), will create "regulatory chaos".

Indeed, the boxes of pills in circulation would have different indications than those ordered by the Court of Appeal, points out the government. And changing them is a process that would take "months".

In addition, another federal judge ruled otherwise, prohibiting the FDA from changing the conditions of distribution of the abortion pill in the 17 states that initiated the appeal and the capital Washington, placing the agency in an "untenable situation", argues the government.

One of the two companies that market mifepristone in the United States, Danco Laboratory, has also asked the Supreme Court, with a conservative majority, to intervene.

© 2023 AFP