Despite a reprieve by the US supreme court, a growing number of Democratic states are stockpiling abortion pills as the legal fight for access to the abortion drug mifepristone is set to continue.
On Friday, the supreme court decided to temporarily block a lower court ruling that would have significantly restricted the availability of mifepristone, an FDA-approved abortion medication.
Nevertheless, as the case continues to wind through America’s court system and remains challenged by anti-abortion groups, more Democratic states are now stockpiling abortion pills amid an unpredictable legal battle.
Earlier this month, Matthew Kacsmaryk, a Trump-appointed federal judge in Texas issued a preliminary injunction that suspended the FDA’s approval of mifepristone, calling it a drug that is used to “kill the unborn human”.
Swiftly after Kacsmaryk’s ruling, Democratic states have been stockpiling abortion pills including mifepristone as well as misoprostol, the second drug in the abortion regimen which can also be used on its own, although less effectively.
At the Massachusetts governor Maura Healey’s request, the University of Massachusetts Amherst has purchased approximately 15,000 doses of mifepristone. The stockpile is expected to offer “sufficient coverage” in the state for over a year.
“Mifepristone has been used safely for more than 20 years and is the gold standard. Here in Massachusetts, we are not going to let one extremist judge in Texas turn back the clock on this proven medication and restrict access to care in our state,” Healey said last week.
Meanwhile, the Democratic governors of New York and California both announced plans to stockpile misoprostol in attempts to safeguard their states’ abortion access.
New York’s governor Kathy Hochul announced last week that New York will be purchasing misoprostol in order to stockpile 150,000 doses, a five-year supply.
Hochul also pledged that if mifepristone is removed from the market, New York will commit up to an additional $20m to providers to support other abortion methods.
In a similar move, governor Gavin Newsom of California announced last week that the state has secured an emergency stockpile of up to 2m misoprostol pills
“We will not cave to extremists who are trying to outlaw these critical abortion services. Medication abortion remains legal in California,” Newsom said, adding that California has shared the negotiated terms of its misoprostol purchase agreement to assist other states in securing the pill at low cost.
Since then, additional Democratic states have followed suit.
The governor of Maryland, Wes Moore, recently announced a partnership with the University of Maryland’s medical system to purchase a “substantial amount of mifepristone”.
“This purchase is another example of our administration’s commitment to ensure Maryland remains a safe haven for abortion access and quality reproductive health care,” said Moore, who also released $3.5m in previously withheld funding for the state’s abortion care clinical training program.
On Thursday, Oregon made a similar announcement, with its governor Tina Kotek revealing the state has secured a three-year supply of mifepristone, regardless of the supreme court’s ruling on the pill.
“Here in Oregon, I will make sure that patients are able to access the medication they need and providers are able to provide that medication without unnecessary, politically motivated interference and intimidation,” Kotek said.
With Democratic states rushing to stock up on abortion pills, the tumultuous legal fight for abortion access is far from over. In the last nine months, 13 states have banned abortion. With anti-abortion groups fighting for increased pill restrictions nationwide, even states that have legalized the procedure may become affected.
Following the supreme court’s decision to temporarily block mifepristone restrictions, the next stage of the litigious battle over the drug will take place in the fifth circuit, with oral arguments scheduled for 17 May. The case will then likely return back to the supreme court.
In a statement to the New York Times, Erik Baptist, a senior counsel for the Alliance Defending Freedom, a conservative legal organization representing a coalition of anti-abortion groups and doctors, pledged to continue fighting against abortion care.
“The FDA must answer for the damage it has caused to the health of countless women and girls and the rule of law by failing to study how dangerous the chemical abortion drug regimen is and unlawfully removing every meaningful safeguard, even allowing for mail-order abortions,” he said about the 23-year-old FDA-approved drug.
Meanwhile, the Joe Biden administration and civil rights organizations promised to continue fighting for reproductive rights.
“I’ll continue to fight attacks on women’s health. The American people must also continue to use their vote as their voice and elect a Congress that will restore the protections of Roe v Wade,” Biden tweeted shortly after the supreme court issued its decision.
The American Civil Liberties Union echoed similar sentiments, with Jennifer Dalven, ACLU’s Reproductive Freedom Project director saying: “Make no mistake, we aren’t out of the woods by any means … And as this baseless lawsuit shows, extremists will use every trick in the book to try to ban abortion nationwide.”
Dalven added: “But if our opponents think we will allow them to continue to pursue their extreme goals without fierce backlash, they are sorely mistaken.”
