"It's clear that they do not want to have a ruling taking access to mifepristone away from women across the country before the midterms," said Sam Bagenstos, who was general counsel for US Department of Health and Human Services during the Biden administration and who defended the FDA rules in court then.
"However," Bagenstos added, "they are doing everything they can to preserve their ability to take access to mifepristone away from women across the country as soon as they're out of the woods."