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Posted: 2023-04-10T17:28:22Z | Updated: 2023-04-10T17:28:22Z

President Joe Biden s administration said it will not ignore a federal judges ruling that could eliminate access to a drug used in a majority of abortions in the United States even as Democrats and even a Republican in Congress have suggested they simply brush the ruling aside.

The ruling, issued Friday night by a U.S. District Court judge in Texas, found that the Food and Drug Administrations approval of mifepristone more than two decades ago was illegal. The judge stayed the ruling for seven days, and the Department of Justice immediately appealed the ruling to the U.S. Court of Appeals for the 5th Circuit.

Almost immediately, some Democrats including Sen. Ron Wyden (D-Ore.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.) began calling on the Biden administration to effectively ignore the ruling, noting that the law clearly and specifically gives the FDA sole authority over the drug approval process to keep it free from political interference.

In an interview Sunday on CNN s State of the Union, Health and Human Services Secretary Xavier Becerra seemed to indicate that the administration, which generally shies away from legal confrontations sought by progressives, would consider ignoring the ban.

Everything is on the table, Becerra said. The president said that way back when the Dobbs decision came out. Every option is on the table.

A few hours later, however, the department ruled it out.

People are rightly frustrated about this decision but as dangerous a precedent it sets for a court to disregard FDAs expert judgment regarding a drugs safety and efficacy, it would also set a dangerous precedent for the Administration to disregard a binding decision, Kamara Jones, a spokesperson for Health and Human Services, wrote on Twitter .