Are Abortion Pills Legal?

Are Abortion Pills Legal?

With the advent of abortion restrictions in a number of states, concerns are raised about the lawfulness of the pills used to induce abortion.

“Medication abortions” were legalized within the U.S. in 2000, after it was announced that the Food and Drug Administration approved the use of mifepristone in early abortions that are not surgical from the 10th week of pregnancy. The number of abortions conducted with pills has increased steadily since 2000 and is now responsible over half the total.

In the years since U.S. Supreme Court’s decision on Dobbs v. Jackson Women’s Health Organizationgiving gives women the authority to take their own decision concerning abortion. However, the accessibility and lawfulness of abortion drugs vary greatly.

On July 14th, nine states had barred abortions. There are more to follow over the next few months. At the end of the summer abortions will be illegal within about half of states, and secured in the remaining half.

States that ban abortions are banning or severely restricting abortions which are medically performed or through medication. The most pressing issue is whether states will be able to restrict the use of drugs that have been which have been approved by FDA Legal experts suggest that it’s an issue that will be decided by the courtrooms.

In the past, FDA mandated women to obtain the medication through doctors’ clinics, offices, or in hospitals. In the case of COVID-19 However, the FDA permitted women to speak doctors by telemedicine and get pills via post. Then, in December 2021 FDA eliminated the need to see a physician in person.

Differences Over Interstate Travel

The Guttmacher Institute, an organization focused on reproductive health and reproductive health, has predicted that 26 states are likely to fully prohibit abortions, even medications for abortion. As long as the judges decide whether states are allowed to ban drugs that are FDA-approved, women seeking abortions within those states will face legal obstacles.

In the case of many women, this is a matter of traveling to a state which doesn’t ban abortion medications in telehealth appointments and having the medicine sent to the location of pick-up. Though anti-abortion advocates may seek to limit this procedure but it’s crucial to mention that in the concurring decision of Dobbs,Justice Brett Kavanaugh declared that traveling across state lines to have abortions is legally permissible.

However, that doesn’t stop some pro-abortion groups from attempting to block interstate travel to get an abortion but. Certain of these initiatives take inspiration from the Texas law that permits citizens to bring lawsuits against any person who “aids or facilitates” abortions.

Pills found in the Mail

If it’s time to mail pills, providers of telehealth with abortion legal states could be subject to legal penalties for sending them to women who live in states that ban abortion. The reason is that where the patient lives determines the law to follow. Based on the Guttmacher Institute, 19 states have prohibited the use of telehealth to facilitate medical abortions. In addition, four states have banned the distribution of medications completely.

It is highly unlikely that any provider of telehealth would be willing to take the risk, this means women living in abortion-free states could begin to look at different countries to get the drugs, for example, Aid Access, the European aid organization Aid Access.

Another option, that may be risky legally, are setting up mail forwarding accounts through commercial shipping service. For instance those in the abortion ban state of Texas can create a mail forwarding account within a state where abortion is legal and then consult with an telehealth service in that state, and let the mail-forwarding provider deliver the drugs to Texas.

The Biden administration declares it will take all measures to ensure that abortion pills are available. The 8th of July was the day that the president Joe Biden issued an executive order in which he directed the Secretary of Health and Human Services Xavier Becerra to write an report in the next 30 days about the best way to “protect and improve access to medical abortion and the use of medication for abortion.”

However, in states where abortion is banned this means every abortion (including medications abortions — as well as Biden probably won’t be in a position to prevent abortions.