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How California plans to work around potential Supreme Court ruling on abortion pill

The governor plans on working with lawmakers to protect pharmacists who dispense Mifepristone, even if it loses FDA approval.

SACRAMENTO, Calif. — A Trump-appointed judge in Texas ruled that the FDA approval of an abortion pill that's been around for decades should be revoked. The case has made it up to the Supreme Court, and they could make a decision on it as early as Wednesday.

Mifepristone is the first pill in a two-dose regimen for people seeking abortions. 

In anticipation of a ruling in favor of the anti-abortion side, Governor Gavin Newsom held a press conference Tuesday to say that Californians are safe here in the state where abortion was enshrined into the constitution in November. 

"We simply no longer can count on the Supreme Court," said Newsom. "What you can count on, though, is everybody behind me."

Still, the Supreme Court's decision could impact how the pills are distributed and dispensed, and Newsom said he plans on following whatever the new law may be.

"I believe in the rule of law, the other side often doesn't," said Newsom.  

However, following the press conference, the governor's press office told reporters that the governor had plans to work with lawmakers to protect pharmacists within California who dispense Mifepristone, even if the FDA's approval is stripped. The state would not revoke their license, but that doesn't mean they are off the hook on the federal side depending on the ruling. 

"Could the FBI come in and raid pharmacies? Potentially, but that seems unlikely," said senior advisor to the governor Anthony York. "We weren't allowed to sell weed in the state for 30 years, which technically is not legal under federal law."

The ideas that were presented after the press conference are not in writing yet, and the governor has not identified a lawmaker to carry the legislation. 

"We know this decision is coming, right? So our intent is to is to pursue specific legislation in this space," said York. "What exactly that looks like and how we tailor those protections is going to depend on on what the court does and doesn't do."

Newsom said the Supreme Court's decision could potentially impact the distribution of the pill between state lines. The governor said they are looking into more options around this as well. That could include manufacturing the drug within the state. 

The Legislative Women's Caucus has already announced 17 bills they are working on this session to increase access to abortion and protect providers and patients. 

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