Democratic governors Maura Healey of Massachusetts and Gavin Newsom of California have announced plans to stockpile the abortion pill mifepristone after a federal judge ordered the Food and Drug Administration (FDA) to suspend its approval of the pill on Friday. Healey stated that her state was purchasing 15,000 doses of the drug, while Newsom revealed his state's intention to acquire up to 2 million pills for its stockpiles.
The Biden administration has appealed this ruling, arguing it "overturns the FDA’s expert judgment" and setting up a lengthy legal battle over the pill. Health and Human Services Secretary Xavier Becerra asserted that "everything is on the table" following this decision, even refusing to rule out ignoring the court's order by not having FDA comply with it. The Justice Department has asked a federal judge in Washington state to clarify their ruling.
California Gov. Gavin Newsom also announced that California will stockpile an emergency supply of 2 million misoprostol abortion pills in response to U.S. District Judge Matthew Kacsmaryk’s ruling against authorization for another medication used for terminating pregnancies—mifepristone—for decades.
Several states are preparing themselves by stockpiling mifepristone due to conflicting rulings regarding its legality in federal courts over recent weeks—California, Massachusetts, and Texas have all shared plans featuring 15,000-pill supplies ahead of any nationwide injunction potentially pulling them from pharmacies across America.
These announcements follow President Joe Biden's Department of Justice planning efforts ensuring continued legality for these drugs after two contradictory decisions about their future created uncertainty—a new fight looms involving abortion protections post-Roe v. Wade overturning last summer. Conflicting judicial decisions have left futures uncertain as they head towards possible Supreme Court attention—the DOJ remains contacted but hasn't commented yet on whether offices would enforce abortion medication bans in states continuing to stockpile them.
Democratic governors from Massachusetts, California, and Washington have started stockpiling these medications ahead of a possible nationwide injunction affecting the market by Friday. The University of Massachusetts Amherst purchased 15,000 mifepristone doses for its state—$1 million in state funds will be offered to healthcare providers purchasing the drug before any injunction takes effect. Gov. Newsom announced that California's emergency misoprostol pill stockpile will reach up to 2 million—a drug not approved for abortions but commonly used worldwide as an early pregnancy termination alternative.
These bulk purchases come after a Trump-appointed Texas federal judge suspended FDA approval of mifepristone—the only specifically-approved drug ending pregnancies up to ten weeks along. The Biden administration has since appealed this case with requests made within the 5th Circuit Court of Appeals aiming at holding off on implementing the judge’s nationwide injunction plans.