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The Governor is trying to stay a step ahead of a federal judge in Texas by having the Department of Corrections buy a 3 year supply of an abortion drug.
Governor Jay Inslee says the Corrections Department purchase of 30,000 doses of Mifepristone for $1.28 million ($42.50 per dose), combined with another 10,000 purchased by the University of Washington, should be enough to last Washington 4 years – provided there’s not an increase in the number of women who seek abortion services in Washington from within the state or from state’s where abortion is now illegal.
Inslee says the DOC has the legal authority for the purchase because it has a pharmacy license, but he says a bill being fast-tracked by State Senate Democrats would then authorize DOC to distribute the drug beyond its prison infirmaries.
The Governor says this is one battle in what he expects will be a war against Washington brought by anti-abortion states, moves he describes as ‘tentacles coming from all sides’.
That Texas lawsuit was brought by Christian conservative and pro-life groups, which claim the Food and Drug Administration was in error when it approved mifepristone because it comes with medical risks. The suit calls for the drug to be taken off pharmacy shelves.
A two-pill combination of mifepristone and misoprostol is the most common form of abortion in the U.S. Research shows that medication-induced abortions are safe and effective. They were approved by the Food and Drug Administration over 20 years ago.
The awaited ruling in the Texas suit, brought in the wake of the U.S. Supreme Court “Dobbs” decision last year to strip away the constitutional right to end a pregnancy, would affect states where abortion is legal as well as those that outlaw it because it would effectively undo the FDA’s approval of mifepristone.
“This Texas lawsuit is a clear and present danger to patients and providers all across the country,” Inslee said in a statement. “Washington will not sit by idly and risk the devastating consequences of inaction.”
Judge Matthew Kacsmaryk, appointed by former President Donald Trump, heard debate in March over the Alliance Defending Freedom’s request to revoke or suspend the FDA’s approval of mifepristone. The conservative group claims it was improperly approved.
The bulk pill purchase also comes as Washington state Attorney General Bob Ferguson pursues the issue from another angle: He’s helping to lead a multistate lawsuit in federal court meant to further ease restrictions to the medication.
The lawsuit filed with Oregon Attorney General Ellen Rosenblum in February against the FDA accuses it of singling out mifepristone for excessively burdensome regulation despite evidence that the drug is safer than Tylenol, Ferguson said.
The lawsuit asks the court to find certain FDA restrictions unlawful and to stop the federal agency from enforcing or applying them to mifepristone.
The legislation being brought by state lawmakers would authorize the state Department of Corrections to sell or distribute the drug stockpile to licensed providers in Washington.
The bill’s co-sponsor, Sen. Karen Keiser, of Des Moines, said the last year has made it clear that they can’t be complacent when it comes to reproductive health.
“The Legislature is taking a number of crucial steps this session to protect abortion rights,” Keiser said, “but those rights are meaningless without access to care.”
Several moves have been made in Washington to strengthen abortion access, including a directive from Inslee instructing the Washington State Patrol not to cooperate with out-of-state abortion investigations.
Other abortion and gender-affirming care bills are expected to pass the Washington Legislature this session.
Abortion has been legal in Washington since a 1970 statewide ballot referendum.
(The Associated Press contributed to this report)
