PORTLAND, Ore. (KOIN) – Unlike other Democratic-led states, the Oregon Health Authority said the state has not started stockpiling abortion pills after a ruling on Friday by a U.S. District Court judge in Texas could limit access to the commonly used drug.
In a statement, OHA said it is aware some states have started to “shore up access” to abortion medication, including purchasing large amounts of mifepristone, in response to the ruling.
However, OHA said it is not taking the same measures.
“As OHA stated last week, the agency is committed to ensuring access to a full range of essential reproductive health services, including abortion. State health officials are reviewing the federal court decisions in consultation with the Oregon Department of Justice and the office of Gov. Tina Kotek and are exploring all options to ensuring access including potential stockpiling of medication,” OHA wrote in a statement.
On Friday, U.S. District Judge Matthew Kacsmaryk, who was appointed by former President Donald Trump, said it was unlawful for the Food and Drug Administration to approve mifepristone 23 years ago.
He ordered a hold on federal approval of the medication and his decision overruled decades of scientific approval.
At almost the same time this decision was announced, U.S. District Judge Thomas O. Rice, who is based in Eastern Washington and was appointed by former President Barack Obama, essentially ordered the opposite. He told U.S. authorities to not make any changes that would restrict access to mifepristone in 17 Democratic-led states that sued over the issue.
The drug is the most common method of abortion used in the U.S.
Kacsmaryk has put his ruling on hold for a week to allow for an appeal and the Biden administration has asked the court in Washington to clarify its order by Friday.
If an appeals court does not further delay Kacsmaryk’s ruling, then it will take effect at midnight Central Time on Saturday, the Biden administration said.
Many expect the conflicting decisions will accelerate the issue’s path to the Supreme Court.
In the current period of uncertainty, governors across the country have given orders to stockpile doses of mifepristone and misoprostol, which is used in combination with mifepristone to safely end pregnancies.
Massachusetts, California, Washington state, and New York have all confirmed they’re stockpiling the drugs.
New York Gov. Kathy Hochul made the announcement in a press release Tuesday. At the governor’s direction, the state’s health department will begin purchasing misoprostol until it stockpiles 150,000 doses, a five-year supply.
"New York will always be a safe harbor for abortion care, and I am taking action to protect abortion access in our State and continue to lead the nation in defending the right to reproductive autonomy,” Hochul said.
She also said if mifepristone is taken off the market, the state will commit an additional $20 million to providers to support access to other methods of care.
California Gov. Gavin Newsom announced that his state has secured an emergency stockpile of up to 2 million misoprostol pills.
“With the legal future of mifepristone uncertain, taking early action to make sure we are well-supplied with misoprostol will mean continued access to reproductive healthcare for Californians across the state,” said California Assembly Speaker Anthony Rendon.
In its statement, the OHA said it wants to reassure patients and providers that mifepristone and abortion remain safe, legal and available in Oregon.
According to OHA data, in 2021, medication abortion accounted for nearly 60% of abortions performed in the state. OHA said mifepristone was first approved by the FDA more than 20 years ago and is a safe and effective method of ending an early pregnancy.
The Associated Press contributed to this report.
