The New Jersey governor would take into account defying the Supreme Courtroom over the mifepristone ban

New Jersey Governor Phil Murphy

Scott Mill | CNBC

New Jersey Gov. Phil Murphy said Wednesday he would consider defying the Supreme Court and continuing to provide mifepristone if the court rules in favor of a ban on the abortion pill.

When asked if the state would prescribe mifepristone following such a ruling, Murphy told MSNBC, “That has yet to be determined.”

“When I say it’s all on the table, Katy, I mean it. That action in general, whether it’s mifepristone, or whether it’s North Carolina or South Carolina or Florida at six weeks,” he said in an interview with MSNBC’s Katy Tur. also refers to other abortion restrictions at the state level.

“It will cost lives. It will cost their health, it will also cost human lives, unfortunately women in particular. That’s what’s at stake, we’ll do whatever it takes to save lives,” said Murphy, a Democrat.

Murphy’s comments came after the US 5th Circuit Court of Appeals in New Orleans heard arguments in a case that could result in mifepristone being taken off the market nationwide, including in states where abortion is legal.

The case depends on whether the Food and Drug Administration’s approval of the abortion pill should be withdrawn.

The closely watched litigation is likely to end up again in the Supreme Court, which intervened last month to maintain the drug’s availability while the case moves through the court system.

Even if the Supreme Court rules in favor of a mifepristone ban, Justice Samuel Alito has hinted that the FDA could refuse to comply.

Alito said in a dissent last month that as the litigation progresses, the FDA could use its enforcement discretion and allow Danco Laboratories, the maker of mifepristone, to continue selling the abortion pill.

Mifepristone, used in combination with another drug, misoprostol, is responsible for about half of all abortions domestically.

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