Next big fight looms over abortion pills – Portland, Oregon

Portland, Oregon 2022-06-24 17:27:09 –

((((Hill) — Abortion medications Supreme Court ruling overturning Roe v. Wade..

Republican-led states are moving to limit or ban access to drugs altogether, and supporters are worried that the Supreme Court’s decision will be bold to crack down on more states. increase.

Immediately after the ruling, Attorney General Merrick Garland said the Justice Department would protect the right to abortion, including drug abortion.

“We are ready to work with other departments of the federal government seeking to use legitimate authorities to protect and maintain access to assisted reproductive technology,” Garland said in a statement.

“especially, [Food and Drug Administration] The FDA has approved the use of a drug called mifepristone.State cannot be banned Mifepristone It is based on discrepancies with FDA experts’ judgments regarding safety and efficacy, “Garland said.

President Biden also promised to protect access to abortion drugs on Friday, but the White House has its limits.

In a brief statement, Biden said he was instructing the Department of Health and Human Services to make abortion drugs available “as much as possible.”

Two tablets are required for abortion. It is approved by the Food and Drug Administration during the first 10 weeks of pregnancy.

Mifepristone, a drug that blocks the hormones needed for pregnancy, was approved in 2000. This is followed by misoprostol, which helps to cause contractions and empty the uterus.

Drug abortion is becoming an increasingly common way to end pregnancy. According to the Guttmacher Institute, it accounted for 54% of all abortions in 2020.

The FDA has temporarily lifted the requirement to dispense mifepristone directly in the clinic or hospital for the COVID-19 pandemic. The Biden administration made the change permanent in December, paving the way for doctors to digitally prescribe medicines and then mail them. Pills for patients.

Perhaps in anticipation of the Supreme Court’s ruling, state legislators introduced a set of restrictions on drug abortion this year. Currently, there are 19 states, primarily in the South and Midwest, banning providers from prescribing abortion medications through telemedicine.

In 32 states, the clinician performing a drug abortion must be a physician.

Texas bans the use of drug-induced abortions from the 7th week of pregnancy, while Indiana bans the use at the 10th week. This week, the Governor of Louisiana signed a bill banning out-of-state health care providers from mailing abortion medicine. This can be punished with up to 10 years in prison and a $ 75,000 fine.

Very few states have tried to ban pills altogether, and their movements have been detained in court.

Still, now that the Supreme Court has overturned Law, there are concerns that more states will try, and there is no clear precedent for whether the Justice Department has the power to thwart them.

Although the state has the power to regulate medical practice, Garland seems to argue that federal law (and federal drug approval) takes precedence over state law.

Lawrence Gostin, a professor of global health law at Georgetown University, said Garland needs to take action against states that have barriers or completely banned access to abortion drugs.

“The FDA is our main public health regulator, and it needs to set and sets national uniform standards for safe and effective medicines … which FDA-approved medicines the state permits, You can’t choose not to allow it, “Gostin said.

However, Mr Gostin also said that the Supreme Court has not made a consistent and proven ruling on the FDA’s preemption of state law.

“It’s unclear whether a very conservative Supreme Court will allow the FDA to preempt a state ban, especially because it has already been ruled that abortion is not protected under the Constitution,” Gostin said. Said. “So I think we can go in either direction.”

In one of the recent examples of the FDA’s preemption, Massachusetts sought to ban the FDA-approved opioid Zohydro in 2014. The manufacturer filed a proceeding and the federal district court withdrew state restrictions.

However, because the state did not appeal the judgment, it did not appeal to the court, and its impact on future case law became unclear.

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