Washington leaders brace for U.S. Supreme Court ruling on access to abortion drug
Leaders in Washington met March 26 to discuss the implications of the U.S. Supreme Court hearing a case on the abortion drug Mifepristone, and what the court’s ruling could mean for access to the drug in the state.
On March 26, justices in the U.S. Supreme Court heard arguments in a case appealed by President Joe Biden’s administration after a lower court ruled to limit access to Mifepristone, an abortion drug that has been on the market for decades with approval by the U.S. Food and Drug Administration.
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, but that drug has not been challenged in court.
While a Supreme Court ruling isn’t likely until June, major news outlets such as The New York Times and Reuters have reported that the Supreme Court thus far does not appear to be swayed by plaintiffs’ arguments that they “will be forced to violate their consciences by handling emergency complications that may arise in women who take the medication.”
While Mifepristone has been used safely since its approval in 2000, 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.
In Seattle, Attorney General Bob Ferguson and Sen. Emily Randall, D-Bremerton, joined Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, as well as Dana Karash, a nurse practitioner and clinician manager for Planned Parenthood, to discuss the possibility of the nation’s highest court ruling in favor of the plaintiffs.
Gibron called the case baseless and unprecedented. She said the case isn’t based on medicine or science, but is instead politically motivated.
“Anti-abortion rights activists and politicians are not stopping at overturning Roe and banning abortion at the state level,” Gibron said. “We knew this was never the end of their attacks.”
She contends that limiting access to the drug would create more barriers in an already difficult situation.
Karash, a health provider for 20 years, said that if justices rule in favor of the plaintiffs, it would force “providers to give substandard care for political gain.”
Ferguson said Mifepristone is safer than drugs such as Tylenol and Viagra, it already is on a restricted list with other drugs such as fentanyl and opioids.
Worst case scenario, he said, is that restrictions will be rolled back and access to the drug would be limited to use during the first seven weeks of pregnancy instead of 10. Other restrictions prohibit obtaining the drug through telehealth appointments, making it much more difficult for people in rural areas to receive care.
According to the American Pregnancy Association, most people learn they are pregnant between four and seven weeks of pregnancy.
Ahead of the lower federal court’s ruling last year, Washington state purchased a 3-year supply of Mifepristone amid concerns that access would be restricted.
Ferguson said that his legal team is considering the logistics of distribution of the supply should restrictions be applied, and that they will work around the language of the ruling once it is handed down.
Randall, a current state lawmaker who is running for Congress, said there haven’t been discussions about what to do with the supply should justices rule against plaintiffs in the case, but that it would need to be decided by the governor and lawmakers next year during the legislative session.
Ferguson is running for governor this fall, hoping to replace Jay Inslee, who is not seeking re-election.
This story was originally published March 27, 2024 at 5:00 AM.