Washington DC.- The White House plans to resume talks with US abortion pill makers and drugstore chains on how to counter attempts to ban mifepristone, two sources familiar with the matter said, as it appeals a Texas court ruling suspending drug approval.
District Judge Matthew Kacsmaryk of Amarillo, Texas, on Friday suspended approval of mifepristone, essentially making the pill illegal for sale in the United States, while the legal challenge continues. A opposing ruling from Washington state on Friday blocked changes to the pill’s sale in 17 states.
In January, the Food and Drug Administration made a rule change that made it possible for retail pharmacies to offer abortion pills in the country for the first time, but more than a dozen states have passed laws limiting such sales.
There are currently no retail pharmacies certified to dispense mifepristone, and many are in the certification process.
“We are looking at ways to offer them legal support,” one of the sources said in relation to manufacturers and retail pharmacies.
Among the options being considered is for the US Department of Justice (DOJ) to support legal appeals against manufacturers and pharmacies, and to provide legal advice on how they can continue to dispense the pills, the sources explained. The DOJ is separately seeking an emergency stay of the Texas order.
The White House does not lead the DOJ’s litigation strategy, a senior administration official said. The official also said that the DOJ does not provide legal advice to private entities. There is a separate voluntary process that gets private attorneys and law firms to do the legal work on different matters that the agency oversees.
It was not immediately clear which companies will participate in these talks. The White House declined to comment.
Major US manufacturers of abortion pills include GenBioPro Inc and Danco Laboratories.
Pharmacy chains that dispense these pills include Walgreens Boots Alliance Inc, CVS Health Corp, and Rite Aid Corp.
Walgreens said in March that it would not dispense abortion pills in the 20 states where it risked breaking the law.
On Sunday, Walgreens declined to comment. The other companies did not respond to a request for comment on discussions with the White House.
Minutes after Texas Judge Kacsmaryk’s order, Obama-appointed District Judge Thomas Rice of Spokane, Washington ordered the FDA not to make changes to mifepristone access in some Democratic-ruled states.
The Government believes that the Washington ruling gives it more time to legally respond to Texas’ final decision.
It could “speed up the Texas review, encourage an immediate suspension of it and put a huge question mark over it,” one of the sources said.
