While Washington appeals a Texas court order freezing the clearance of mifepristone, two individuals said the White House plans to re-engage with abortion pill producers and U.S. drugstore chains on methods to fight back.

While a legal challenge is pending, U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, postponed mifepristone approval on Friday. In addition, on Friday, a contradictory Washington state verdict also prohibits pharmaceutical sales adjustments in 17 states.

The FDA allowed retail pharmacies to sell abortion pills for the first time in January, but more than a dozen states have banned them.

No retail pharmacies may supply mifepristone, but several are undergoing certification.

“We are exploring legal assistance for manufacturers and retail pharmacies,” one insider added.

The sources claimed the U.S. Department of Justice might support legal battles against manufacturers and pharmacies and advise them on how to keep supplying medicines. The DOJ also wants an immediate stay of the Texas decree.

A senior administration official claimed the White House does not control DOJ lawsuit strategy. The insider said that the Justice Department does not advise private companies. A separate volunteer approach recruits private attorneys and law firms to help on agency-managed matters.

These conversations concerned unknown firms. The White House rejected the comment.

GenBioPro Inc. and Danco Laboratories are major abortion pill producers in the U.S. In addition, Walgreens Boots Alliance Inc. (WBA.O), CVS Health Corp. (CVS.N), and Rite Aid Corp. provide such medications (RAD.N).

Walgreens said in March that it would not sell abortion drugs in 20 states.

Walgreens denied comment Sunday. The other corporations declined to comment on White House talks.

The insider claimed the White House “certainly previously engaged with both pharmacies and manufacturers but we have not had any talks on this since Friday when the decision came out.”

“How the FDA will function or is working” would not be discussed in future meetings, the person added.

The White House’s Gender Policy Council, Intergovernmental Affairs, and vice president’s office have been conducting strategy discussions for almost two months on making medical abortion available after the Texas judge ruled, expecting Friday’s decision.

Sources claimed the Biden administration has been negotiating with pharmaceutical producers and pharmacies for months, but Friday’s decision adds urgency.
Three sources said Friday and Saturday White House strategy discussions focused on the contradicting Washington state order’s “instant, short-term” relief.

Minutes after Texas judge Kacsmaryk’s order, Obama-appointed U.S. District Judge Thomas Rice in Spokane, Washington, ordered the FDA not to change mifepristone access in some Democrat-led states.

The government argues the Washington judgment offers it more time to react to Texas’s final decision lawfully. “It expedites review of Texas, encourages an immediate stay on it and puts a huge question mark over it,” one source said.

The sources said it makes it easier for the White House to convince the public that the FDA approved the drug and mobilize activists and supporters to make the issue relevant to voters ahead of the 2024 presidential election.

“There’s a lot of legal analysis that needs to get done…about how these two orders interact,” the senior administration official said.

President Joe Biden and Vice President Kamala Harris said Friday the administration would fight the Texas ruling.

“We’ll fight. The Attorney General said @TheJusticeDept will appeal and seek an emergency stay “Biden tweeted.

The legal struggle may last months or years via various appeals courts.

The government is seeking an immediate stay of Kacsmaryk’s ruling from the 5th U.S. Circuit Court of Appeals in New Orleans.

The sources stated the White House strategy discussions addressed the DOJ waiting for a conservative 5th Circuit judgment.

They said the agency would request an expedited Supreme Court review if the verdict does not stay.