Rep. Mike Kelly (R-16) has signed on with 68 other Republican members of Congress to back a federal judge’s ruling that would overturn the U.S. Food and Drug Administration’s approval of the abortion pill mifepristone.

Kelly, who represents Butler, Crawford, Erie, Lawrence, Mercer, and portions of Venango County, is the lone Keystone State lawmaker in Washington who is on the list of Amici Curiae.

In all, 11 GOP senators and 58 House lawmakers filed a brief with the U.S. Court of Appeals for the 5th Circuit that defended Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas’ decision, arguing that the FDA violated safeguards Congress placed on the drug approval process with mifepristone and ignored Congress’ decision to make mailing abortion drugs illegal.

“The FDA’s lawless actions ultimately endanger women and girls seeking chemical abortions,” the Republican lawmakers’ brief states.

The 5th Circuit has until the end of the week to decide whether to halt the ruling. The Biden administration asked for a ruling by Thursday so that it had time to ask the Supreme Court to intervene if needed, and the government filed its final brief in the emergency application Wednesday afternoon.

In a brief filed at the appeals court, a group of 240 Democratic members of Congress asked the judges to stop Kacsmaryk’s “aberrant decision” that threatens access to abortion care, particularly after last year’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization that overturned the constitutional right to an abortion.

“Just as Dobbs upended abortion access and led to chaos following the decision, eliminating access to mifepristone will further narrow options for care,” the Democrats’ brief stated.

Experts said the case will likely soon head to the Supreme Court regardless of how the 5th Circuit rules, especially because of an order from a Washington federal judge last week that mandated the FDA preserve the status quo for 17 states and the District of Columbia.