WA state purchases 3-year supply of abortion drug ahead of federal court ruling

Washington leaders announced Tuesday that the state has purchased a 3-year supply, or 30,000 doses, of the abortion medication mifepristone ahead of a federal Texas ruling that could force the Food and Drug Administration to rescind its approval of the medication.

In a press conference Tuesday, Gov. Jay Inslee said that there are forces in other legislatures and courts across the United States that are attempting to take away the freedom of choice for reproductive care.

“We are not sitting idly by while that threat exists,” said Inslee. “We recognize in Washington that the price of a woman’s freedom of choice is eternal vigilance.”

The shipment of mifepristone was delivered to the state on Friday, March 31, after the governor ordered the Washington Department of Corrections to purchase the medication.

Washington is the first state in the country to take action to secure access to mifepristone on a large scale.

“To be clear, the authority we are seeking today is limited to abortion medication and does not extend to any other type of medication,” said Inslee. “Washington state will not allow a judge in Texas to deny the right of Washington women to this safe drug.”

The governor also directed the University of Washington to purchase an additional 10,000 mifepristone pills.

While mifepristone has been used safely for more than two decades, anti-abortion groups who brought the Texas lawsuit forward claim that the FDA did not study the drug enough before it was approved and made available.

The judge in that case has signaled that he could soon decide to issue a preliminary injunction that would take mifepristone off the market. Lawyers in the case argued on March 15 that doing so could “interfere with every state in the country.”

Mifepristone is a synthetic steroid that is most commonly used in medically-induced abortions, and works by blocking the hormone progesterone, according to the National Center for Biotechnology Information. A lack of progesterone will cause the uterine lining to break down. The medication is also used for treatment in patients who have Cushing’s Syndrome, patients experiencing uterine leiomyomas, and for early miscarriage care.

For medically induced abortions, a second drug called misoprostol is administered after mifepristone and causes the uterus to empty, according to Planned Parenthood. Inslee told reporters Thursday that there have been no talks yet to secure a large supply of that medication, as it is currently not being challenged in court.

There are 800 abortions in Washington every month, according to the state Department of Health, and 60% of those are induced via medication.

However, state leaders and physicians have warned that Washington could see an influx of patients seeking abortion services from other states where lawmakers are trying to ban the practice, such as the bordering state of Idaho.

Many other countries have approved the use of the mifepristone including France, United Kingdom and Sweden.

Lawmakers also announced Tuesday that they would introduce legislation so that the Department of Corrections could be authorized to sell and distribute mifepristone. DOC currently has a pharmacy license and has existing statutory authority to make the purchase, but the bills are needed so the department can provide the medication to other entities such as public and private health providers.

Sen. Karen Keiser, D-Des Moines, and Rep. Jessica Bateman, D-Olympia, are sponsoring that legislation in the Senate and House. They joined the governor Tuesday for the announcement of the purchase.

Senate Bill 5768 was introduced by Keiser Tuesday, and will be referred directly to the Senate Ways and Means Committee. Bateman’s companion legislation, House Bill 1854, was also introduced Tuesday.

“Abortion rights and reproductive freedom means nothing without access, and if patients don’t have access, they might as well not have a legal right,” said Keiser.

Attorney General Bob Ferguson spoke at the press conference Tuesday and said that Washington, along with 17 other states, have signed on to a federal lawsuit to expand access to mifepristone.

On Tuesday, Inslee also sent a letter to Idaho’s Governor Brad Little urging a veto on Engrossed House Bill 242.

“Among the harmful impacts that this legislation will have, particularly when combined with Idaho’s recently passed abortion bans, are the exodus of some healthcare professionals from your state as well as the certain resulting increased mortality rate of Idahoan women and girls,” the letter said. “I fear that our residents, in particular the women and girls of Washington, will be in grave danger if they travel to your state and find themselves in need of urgent reproductive health care services. This bill would also attempt to punish some Washington residents who happen to be in your state for any length of time, a gross abuse of their right to travel between our states. As a result, all Washingtonians have a stake in this matter.”

Washington lawmakers have taken other steps this year to protect reproductive health services, such as a shield law that would protect those from out of state who are seeking reproductive services and gender-affirming care in Washington. That proposal has been met with opposition in the Legislature from anti-abortion as well as anti-trans groups.