Medical professionals and advocates are calling on individuals to secure and stockpile abortion pills ahead of an impending court ruling that could potentially abolish access to these medications throughout the country. The outcome of this case, which is being presided over by District Court Judge Matthew Kacsmaryk in Amarillo, Texas, could result in either the elimination of the FDA’s long-standing approval of mifepristone (the initial pill used for ending a pregnancy) or a retraction of the agency’s recent decisions that allow for the pills to be obtained through telemedicine, postal delivery, or pharmacy pickup.
Eighteen states currently have restrictions on the use of abortion pills, with most of them having nearly total bans on abortion. However, a decision by Kacsmaryk, who was appointed by former President Donald Trump, could either limit access to the drugs in states where they are still legally allowed or bring back regulations that require patients to receive the pills only in-person from a doctor. Kacsmaryk has a background in working for a conservative organization, the First Liberty Institute, which has been involved in cases aimed at limiting access to abortion.
The Biden administration intends to promptly challenge any unfavorable decision regarding the pills, which could arrive after both parties present their arguments on Friday. However, advocates do not expect federal officials to take decisive actions to address the potential absence of the most popular abortion method in the country. Elisa Wells, founder of Plan C, an organization that assists patients in obtaining the pills online, stated that they do not rely on government intervention. She emphasized that without political backing and guidance, it is their responsibility to support themselves and their community.
As they prepare for a ruling that could restrict access to abortion drugs, supporters of abortion rights are educating patients and providers on a workaround that only uses the second pill in the two-pill process, misoprostol. They are also considering increasing the capacity of clinics to handle patients who may need to switch from taking pills to having a surgical procedure. To bring more attention to the issue and put pressure on political leaders to act, advocacy groups such as Planned Parenthood, Plan C, the Women’s March, and the Center for Reproductive Rights, will hold an “emergency mobilization” near the Texas courthouse where the case is being heard on Saturday. Since anti-abortion medical organizations sued the FDA in November, these advocacy groups have been urging government officials to take action by holding briefings with lawmakers, governors, attorneys general, and health leaders.
The Biden administration has not responded to calls from various groups to declare a public health emergency for abortion. Moreover, top health officials from the Biden administration have downplayed the possibility of the pills being banned. HHS Secretary Xavier Becerra stated last month that he is “very confident” the court will side with the FDA’s decision. Becerra explained that the FDA made its decision based solely on scientific data and evidence and did not take it lightly. The use of medication for abortion has been ongoing for over 20 years and Becerra believes that the FDA’s actions will stand the test of time and the courts.
The White House and organizations advocating for abortion rights usually hold regular meetings and share similar views on policies. Advocates have praised the current administration for defending the right to abortion and implementing policies to protect patients’ access to abortion pills through the mail and retail pharmacies. However, there is a sense of disappointment with the administration’s response to the challenges faced by the abortion rights community.
This frustration was evident in the reactions to President Biden’s State of the Union address on Tuesday, which was the first since the Roe v. Wade ruling was overturned. While organizations such as Planned Parenthood and NARAL Pro-Choice America praised the president for promising to veto any ban imposed by Congress, groups like We Testify and All* Above All expressed their disappointment for the lack of mention of the impending court decision on pills and the administration’s plan to handle it.
According to Renee Bracey Sherman, the executive director of We Testify, “The President is not fulfilling his role in speaking up for those who have abortions. We appreciate that he is willing to veto a national ban on abortion, but what actions will he take to make it accessible to everyone? We need a concrete plan.”
The White House is defending its stance on safeguarding access to abortion by referencing a six-step strategy that the HHS revealed in January, which outlines the measures taken since the Roe v. Wade ruling was overturned. President Biden has repeatedly emphasized that the only way to ensure the protection of abortion rights is for Congress to officially recognize Roe.
A lawsuit from Alliance Defending Freedom, a legal group against abortion and representing a group of medical doctors and conservative medical organizations, is aimed at the FDA’s 20-year-old approval of mifepristone. The lawsuit argues that the FDA did not properly evaluate the safety risks associated with the drug.
Senior Counsel for ADF, Julie Marie Blake, stated that the lawsuit is “aimed at protecting women and girls from the known dangers of chemical abortion drugs.”
The Biden administration has informed the court that the charges against them are baseless and politically motivated, and has provided evidence that the drug in question has been safely used by millions of people for the past 23 years. Despite this, White House officials are reportedly worried about the impact if the FDA’s approval of mifepristone is overturned, and are said to have limited options for responding. The administration has reportedly held several discussions with lawyers and the Department of Justice to prepare for various outcomes, including an appeal to the right-leaning 5th U.S. Circuit Court of Appeals. Additionally, the White House is planning a messaging response that would present the ruling as evidence of Republicans’ efforts to ban abortion everywhere. Democrats in Congress are concerned about the impact of the ruling, but are limited in their ability to respond due to the partisan divisions on the issue. Some have called on the administration to declare abortion access a public health emergency, but the White House remains skeptical of the practicality and political consequences of such a move.
Abortion rights advocates have taken it upon themselves to secure access to abortion pills, due to the high risks associated with a ruling against the pills and the uncertain outcome of a federal response. Two groups, Aid Access and Plan C, are promoting the idea of stockpiling the medication to ensure access no matter the outcome of court and political decisions. The groups are encouraging patients to order the pills from overseas, regardless of their location in the U.S. The FDA has criticized the idea of stockpiling, claiming that it hinders doctors from determining the appropriate time for using the pills, within the first 10 weeks of pregnancy, and the risk of ectopic pregnancy. However, advocacy groups argue that advance provision is necessary to prevent the anticipated court ruling from causing widespread loss of access to the medication. Sarah Wells, an advocate, emphasizes the importance of having the pills readily available, as they can be stored for up to two years at room temperature. This is especially important for people in states with six-week bans on abortion, as having the pills in advance allows for easy use within the six-week limit. However, if a patient waits to order the pills until they know they are pregnant, they may miss the opportunity to use them.
(With inputs from Politico)
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