The government asked the appeals court to issue its decision on pausing Kacsmaryk's order by Thursday at noon.

If the appeals court does not pause, or stay, the order while the appeal is decided, or is slow in making that decision, the Justice Department could go directly to the U.S. Supreme Court in an effort to keep mifepristone available for women seeking to terminate their pregnancies. The high court will almost certainly hear the case eventually, either before or after the 5th Circuit rules.

The Justice Department and the company that makes mifepristone said in their appeal that the antiabortion groups challenging the drug lack sufficient legal grounds or standing to proceed with their lawsuit.