Abortion Pills Stockpiled In CA As Federal Battle Looms

CALIFORNIA — The Golden State will stockpile 2 million abortion bills ahead of an expected showdown over the medication mifepristone following contradictory rulings by federal judges in Texas and Washington, Gov. Gavin Newsom announced Monday.

The state had secured a large shipment of the alternative abortion drug misoprostol ahead of Friday's ruling by Texas judge Matthew Kacsmaryk, suspending the Food & Drug Administration's approval of mifepristone.

On the same day, a Washington judge ruled in favor of a lawsuit filed on behalf of 17 states, barring the FDA from taking any action to reduce the drug's availability.

The Biden administration appealed the Texas decision on Monday, arguing the medication has been deemed safe and effective for more than two decades. The appeal asks the court to keep it on the market while the legal battle plays out. The matter could end up before the Supreme Court.

“If allowed to take effect, the court’s order would thwart F.D.A.’s scientific judgment and severely harm women, particularly those for whom mifepristone is a medical or practical necessity,” because mifepristone is also used in treating miscarriages, according to the Justice Department motion, cited by the New York Times.

In California, Newsom's office said mifepristone remained the Golden State's "preferred regimen for medical abortion," but would move forward with the purchase of the alternate drug to ensure the state "remains a safe haven for safe, affordable, and accessible reproductive care."

The governor said 250,000 misoprostol pills had arrived in California by Monday, with up to 2 million available as needed through CalRx.

According to Planned Parenthood, mifepristone (the medication suspended nationwide by a Texas judge) and misoprostol (the alternative stockpiled in California), are a combination of drugs commonly referred to as the "abortion pill" used to end early pregnancies and in the treatment of miscarriages.

Typically, in a medication abortion, mifepristone is given to block the hormone progesterone so the lining of the uterus breaks down and the pregnancy cannot continue, according to Planned Parenthood. Misoprostol is then given right away to cause the uterus to empty to prevent infection. Together, the pills work 95-99 percent of the time, according to Planned Parenthood.

The plaintiffs in the Texas case also sought to withdraw misoprostol for use in abortions, but that created additional complications because it is used to treat a myriad of other conditions from ulcers to miscarriages. While the lawsuit sought an injunction against both drugs, it focused on mifepristone, and Kacsmaryk ultimately ruled in favor of nullifying FDA's approval of mifepristone.

"In response to this extremist ban on a medication abortion drug, our state has secured a stockpile of an alternative medication abortion drug to ensure that Californians continue to have access to safe reproductive health treatments," Newsom said. "We will not cave to extremists who are trying to outlaw these critical abortion services. Medication abortion remains legal in California."

Newsom recently created the Reproductive Freedom Alliance, meant to streamline coordination for reproductive health care rights across more than 20 states. His Monday announcement follows similar stockpile moves in Washington and Massachusetts.

In Los Angeles, Mayor Karen Bass, county Supervisor Lindsey Horvath, and Planned Parenthood also denounced the Texas ruling Monday, promising to fight to preserve reproductive health in the region.

"This decision is an outright attack on our rights and our ability to make decisions about our own futures," said Sue Dunlap, CEO of Planned Parenthood of L.A. "Abortion is essential healthcare, and we remain committed to ensuring our patients have access to the services they need."

In statements shared Monday, antiabortion groups sharply opposed the governor's decision to stockpile the alternate medication.

"It is appalling that Gavin Newsom is so obsessed with ending the lives of children in the womb that he is attempting to stockpile dangerous and potentially illegal drugs," said Jonathan Keller, president of the California Family Council. "California again proves the only 'choice' they care about is abortion."