A federal appeals court upheld the availability of the abortion pill, clarifying the US abortion landscape but not resolving it. The court’s decision last Wednesday preserved but narrowed access to the abortion pill across the US.
WHAT’S NEW?
The majority of abortions in the US are obtained using a combination of two drugs. Anti-abortion groups have tried to limit access to one of them, mifepristone.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled that the Food and Drug Administration’s initial approval of mifepristone in 2000 should remain in effect, overruling a district court decision less than a week earlier. Without Wednesday’s decision, the drug will not be available in at least some places starting Saturday.
The 2-1 ruling came with a hold: The judge upheld a 2016 regulatory decision to relax some prescribing and dispensing rules. The decision means the drug can only be used in the first seven weeks of pregnancy, instead of 10, and it cannot be distributed by mail to people who do not visit a doctor’s office first.
THE COURT: What’s next?
Either side may appeal Wednesday’s ruling to the US Supreme Court.
Meanwhile, what that means is unclear.
The latest ruling comes in response to one week ago from a judge in Amarillo, Texas, who ruled that mifepristone was not available when it was re-approved. On the same day, another federal judge in Spokane, Washington, ruled in favor of the attorney general for 17 Democratic-led states demanding to remain in the market.
These states are: Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Mexico, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont and Washington, plus the District of Columbia.
The US Department of Justice has asked the Washington court to clarify its decision. Nor is it clear what the 5th Circuit’s decision means.
In the meantime, some Democratic-controlled states are stockpiling abortion pills, while Wyoming last month became the first state to outright ban the abortion pill.
STATE COURT:
In the US, lawyers have challenged more than a dozen abortion laws.
In 2019, the Iowa Supreme Court blocked a law that banned abortions if cardiac activity could be detected, which occurs after about six weeks of pregnancy and often before women know they are pregnant. Officials in the Republican-dominated state have pushed to reverse the decision.
On Tuesday, the issue continued in the state Supreme Court, where all seven justices are GOP representatives. A decision is expected this summer.
Also on Tuesday, a Montana judge denied a request by Planned Parenthood of Montana to preemptively block legislation that would have banned dilation and evacuation abortions, the type most commonly used in the second trimester of pregnancy. Opponents say they want to act quickly because the law would go into effect immediately if Gov. Greg Gianforte signs it. Gianforte has previously endorsed other abortion restrictions.
NUSA NEGARA NEWS: ANYTHING?
Nebraska lawmakers introduced a bill on Wednesday that would ban abortions if cardiac activity can be detected.
In February, the South Carolina Senate passed the ban. That same month, the House approved one that would apply throughout pregnancy. The two chambers have yet to negotiate a version to send to the governor.
In Florida, Governor Ron DeSantis, who is expected to run for the GOP presidential nomination next year, has supported ending abortion access earlier than the 15-week mark now in effect on Friday. They will now get a chance to sign into law after the state House on Thursday approved a ban after six weeks of gestation. It has passed the Senate.
Most Democratic-controlled states have adopted legislation, enacted executive orders — or both — to protect abortion access. After the passage of the Senate, both chambers of the state legislature in the state of Washington have passed one, but it has not been signed by the governor.
DOWNLOAD EXPERT: WHAT’S UP?
Abortion has been effectively banned at all stages of pregnancy in 13 countries, and when cardiac activity can be detected in one.
Courts have blocked bans during pregnancy in five other states, and one, Georgia, where abortion is prohibited if cardiac activity can be detected.
Republicans in many places are pushing for tougher policies.
This month, Idaho Gov. Brad Little signed a law that makes it possible for adults to help minors get abortions without parental consent.
Iowa’s attorney general took another step this month, announcing her office would stop paying for emergency contraception and abortions for sexual assault victims while learning about the policy.
Abortion bans have a major impact on where women end their pregnancies.
A report released this week by the Society of Family Planning found that the number of monthly abortions in states with restrictions during pregnancy has dropped to zero or nearly so, and the number of abortions in medical facilities has decreased.
But the number of abortions has increased greatly in countries that have made abortion legal and close, and easily accessible, which have the deepest restrictions.
Among the states with large increases: Florida, Illinois and North Carolina.
Some of the other states that have taken the boldest steps to protect access to abortion have seen relatively modest increases in the number of abortions provided.
The survey did not measure the number of self-administered abortions, such as the pill that was not prescribed to the user.
Mulvihill is reported from Cherry Hill, New Jersey. Associated Press reporter Margery Beck in Omaha, Nebraska; Amy Beth Hanson in Helena, Montana; Anthony Izaguirre in Tallahassee, Florida; Scott McFetridge in Des Moines, Iowa; and James Pollard in Columbia, South Carolina, contributed to this report.