Maryland leaders are looking into stocking up on abortion pills after two conflicting rulings on Friday put access to the abortion drug mifepristone at risk nationwide.
A federal judge in Texas suspended the Food and Drug Administration's (FDA) approval of a drug called mifepristone. The decision overturns 23 years of scientific approval, and could have a nationwide impact.
But that same day, a federal judge in Washington state ordered the FDA to ensure mifepristone remains available in D.C. and 17 Democratic states that sued over access to the drug.
That list includes Maryland. State leaders there say they're considering stocking up on mifepristone in case it later becomes unavailable.
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Lt. Gov. Aruna Miller says they haven't figured out logistics yet, but are working with the health department to explore all options.
"I think the decision to decide whether to terminate a pregnancy is between a woman and her doctor, and it's no one else's choice," Miller said.
Maryland joins California, Massachusetts, and New York -- all states that purchased stockpiles of an alternative abortion drug -- in preparing ways to preserve abortion access.
The abortion telemedicine group Aid Access, based in Austria, tells News4 they're still currently mailing abortion pills to all 50 states and D.C.
"We've seen an increase in people reaching out to us to request abortion medication, and there's a lot of fear and confusion," said Dr. Rebecca Gomperts, founder of Aid Access.
The Texas ruling against mifepristone will take effect on Friday, unless a circuit court steps in and upholds an appeal by the Department of Justice.
On Tuesday, 240 Democratic and independent members of Congress signed an amicus brief urging the 5th Circuit Court of Appeals to protect access to mifepristone.
In the brief, they said the FDA has repeatedly confirmed the drug is safe, and they feel judges shouldn't overrule the expert opinions of FDA scientists.
Mifepristone is part of a two drug regiment, along with the drug misoprostol.
Mifepristone was approved by the FDA in 2000. In combination with misoprostol, it's used to end pregnancies until their 10th week, and has been increasingly prescribed since last summer’s U.S. Supreme Court ruling overturning Roe v. Wade.
But the ruling in Texas argued mifepristone has serious safety issues.
The decision sidelined the FDA's two-decade-old determination that the drug is safe and effective, and FDA lawyers' arguments that decades of experience among thousands of women have confirmed that the drug regimen is the safest option for many patients compared with surgical abortion or childbirth.
Abortion providers say it is possible to use just misoprostol to induce an abortion, but the risks are higher.
"[There's] a lot more discomfort, but also the amount of bleeding and cramping would probably be increased," Dr. Jayaram Brindala, the founder of Abortion Telemedicine, said.
Brindala founded Abortion Telemedicine, which is based in Florida. They mail pills to patients in 22 states, including DC, Maryland and Virginia.
He says they've printed instructions for using misoprostol on its own.
"We have everything ready in terms of the backup plan to ensure that there is minimal disruption to patients, and that if there is a change, they're educated and informed accurately," Brindala said.
Misoprostol, approved by the FDA for treatment of stomach ulcers, will remain available as a safe and effective off-label prescription for women who want to end their pregnancies.
As far as the two conflicting rulings on mifepristone go, the DOJ has asked the judge in Washington State how to reconcile the two, as the nation waits to see what will happen come Friday.
