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April 28, 2023: -The abortion pill named mifepristone is restricted or prohibited to varying degrees in 27 states instead of a Supreme Court decision that maintains Food and Drug Administration norms that permit easy drug access.
Last week, the Supreme Court, acting on an emergency basis, blocked lower federal court orders imposing severe restrictions on mifepristone even in a few states where abortion remains legal.
The ruling stems from a lawsuit against the FDA by a coalition of doctors opposing abortion. That group wants the agency to pull mifepristone from the market entirely. The Biden administration is fighting that effort.
The U.S. Circuit Court of Appeals is scheduled to hear oral arguments on May 17.
They stated that a loss at the appeals court is sure to ask the Supreme Court to take the case to determine the legality of the FDA rules.
The FDA regulations upheld by the Supreme Court on Friday for several years have permitted women to obtain mifepristone stated through a telehealth appointment and to gain the medication by mail.
The FDA previously required patients to obtain mifepristone in person from a healthcare giver or take the medication under their supervision.
While the Supreme Court’s decision temporarily maintains access to mifepristone in conditions that support broad allowance to abortion, it has less or no effect in conservative states that banned the procedure since last summer, when the high court over-tuning the half-century-old federal constitutional right to abortion.
The Guttmacher Institute stated that those places are Alabama, Arkansas, Idaho, Kentucky, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Texas and West Virginia. This nonprofit group supports abortion access.
Those states have limitations that allow abortion when a female’s life is in danger.
And Idaho, West Virginia and North Dakota have limitations for pregnancies that result from rape and incest. However, in North Dakota, that exception applies only through the sixth week of pregnancy.
Fourteen other states have rules on mifepristone that go beyond the FDA regulations currently upheld by the Supreme Court.
Those states need women to obtain the pill from a doctor.
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