Washington purchases three-year supply of abortion medication ahead of Texas ruling

OLYMPIA – Washington has purchased a three-year supply of mifepristone, a common abortion medication, ahead of a federal court ruling in Texas that could rescind the Food and Drug Administration approval of the drug.

Gov. Jay Inslee and Democratic lawmakers on Tuesday announced the purchase along with legislation that would allow the Department of Corrections, which currently has a pharmacy license enabling it to purchase the drug, to distribute the 30,000 doses to health providers.

Mifepristone is commonly used in abortions within the first 10 weeks of a pregnancy. A U.S. district court judge in Texas is expected to release a ruling soon in a case that could order the FDA to rescind its approval of the drug, severely restricting the ability of providers and pharmacists to purchase it.

“Washington state will not allow a judge in Texas to deny the right of Washington women to this safe drug,” Inslee told reporters Tuesday. “We will not sit idly by. We have to recognize these threats will continue, and our actions will continue to preserve the right of choice in the state of Washington.”

Inslee said Tuesday he ordered the Department of Corrections to purchase the medication last month. The shipment was delivered on Friday. It cost the state almost $1.3 million.

The University of Washington purchased another 10,000 doses of the medication, Inslee said.

Both public and private providers and health clinics can purchase the doses through the Department of Corrections, though the exact distribution system is still in the works.

Inslee said he believes Washington is the first state to order a stockpile of the medication.

Inslee’s office said purchasing mifepristone now would allow Washington health providers to still have access to it regardless of any ruling.

Democratic lawmakers introduced legislation that would allow the department to distribute the doses to health providers. A number of policy cutoffs have already passed this legislative session, but a majority of Democratic lawmakers have said they plan to make this legislation a priority in the final weeks of the session that ends April 23.

Attorney General Bob Ferguson’s office was in Spokane last week asking a judge to temporarily block any further restriction of access to the drug as the country awaits the Texas ruling. Ferguson is leading a coalition of 17 other states in a lawsuit that would require the Biden administration to abandon some restrictions when prescribing mifepristone, such as requiring that it be prescribed by certain medical professionals.

Ferguson said Tuesday it’s possible the lawsuit in U.S. district court in Texas and the Washington lawsuit would have conflicting rulings. If that happens, it could take years for a clear decision on access.

The state Department of Health estimates there are about 800 medication abortions in Washington every month, which Inslee’s office says accounts for about 60% of abortions in the state.

The fight over access to mifepristone is just another piece in the fallout since the U.S. Supreme Court overturned Roe v. Wade last year. Since then, individual states have introduced many laws either restricting or expanding access to abortions.

Washington Democrats have made expanding access to reproductive health care a priority this session, introducing a number of bills to protect consumers’ health data, protect providers’ licenses and remove cost-sharing for abortion services.

Republicans in Washington, however, have said the proposals are unnecessary, as Washington made abortion legal decades ago.

House Minority Leader J.T. Wilcox, R-Yelm, said Tuesday “nobody is threatened” when it comes to access to reproductive health care in Washington.

“We do not have an issue with access,” Senate Minority Leader John Braun, R-Centralia, told reporters. “It is what it is.”

Democrats argue that Washington should become a safe haven for people seeking abortions, especially when a number of states, including neighboring Idaho, are passing laws to restrict access.

“We are going to be protecting vigorously the rights of Washingtonians at the same time Idaho is looking to roll back and criminalize essential health care,” said Spokane Democratic Rep. Marcus Riccelli, who chairs the House Health Care and Wellness Committee.

A bill in Idaho that would make it a crime to help a minor seek an abortion in another state or obtain medication to induce an abortion is currently awaiting the signature of Gov. Brad Little. Those who commit what the bill calls “abortion trafficking” would be subject to two to five years in prison, according to the bill. Abortion is already illegal in Idaho at all states of pregnancy, with defenses for cases of rape and incest.

Supporters of the Idaho trafficking bill say it is an issue of parental rights, while opponents say it could have a chilling effect on people accessing reproductive health care.

Inslee on Tuesday sent a letter to Little, urging him to veto the bill. In his letter, Inslee said the bill will have “many unacceptable consequences that cannot be cured,” including for Idaho residents and Washington residents who travel to and from Idaho.

“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,” Inslee wrote.

Madison Hardy, press secretary for Little, said their office had received Inslee’s letter, but they would not comment further on pending legislation.

Inslee told reporters on Tuesday that Washington would take “any and all actions” consistent with the Constitution to stop Idaho’s law.

One proposal in the Washington Legislature that could help is a new “shield law,” which would prohibit Washington courts and law enforcement from issuing or enforcing subpoenas, aiding criminal investigations or making arrests at the request of another state seeking information about cases related to reproductive or gender-affirming treatment.

However, Inslee said last week that Washington’s law can only protect people from being prosecuted for what they did in Washington and can’t control what happens in Idaho courts.

Mack Smith, spokesperson for Planned Parenthood Great Northwest, told The Spokesman-Review the organization is exploring all options when it comes to legal action.

“The state of Idaho can definitely bet on the fact that there will be a legal response if this legislation goes into effect,” Smith said.

Inslee also hinted at possible litigation against Idaho should the bill become law, but noted it was too early to say whether Washington would pursue it.