The Chicago Journal

Abortion drug advocated for restrictions

Abortion — An anti-abortion organization petitioned the Supreme Court on Tuesday to keep limits on the abortion drug mifepristone in place while the pill’s legality is debated.

Supreme Court Justice Samuel Alito temporarily relaxed the restrictions on Friday at 11:59 p.m. The date is Wednesday.

The decision was taken as a reaction to an emergency request from the Justice Department and Danco Laboratories, the corporation in charge of distributing mifepristone.

The Justice Department and Danco both requested the Supreme Court to expedite its assessment of the case and make a conclusion before the summer vacation.

The Supreme Court, which has a conservative 6-3 majority, may rule on the issue.

The Comstock Act

If the case is considered, the Alliance Defending Freedom group has petitioned the Supreme Court to examine the Comstock Act of 1873.

Mifepristone mailing is practically prohibited under the Act.

If the complaint is heard, the anti-abortion organization will urge the court to investigate whether the FDA lawfully allowed mifepristone in 2000.

Mifepristone is frequently used with another medication, misoprostol.

In the United States, it is the most prevalent technique of terminating a pregnancy, accounting for more than half of all abortions.

If lower court findings against mifepristone are upheld, abortion access might be restricted, perhaps affecting areas where abortion is still legal.

The ADF

The Alliance Defending Freedom (ADF) is a conservative Christian legal group created in 1994 to promote religious liberty, human life sanctity, and traditional marriage and family values.

ADF has defended individuals who allege their religious liberty has been infringed in a number of high-profile cases in the United States and across the world.

The organization offers legal advice and representation to people and groups and has been involved in abortion, marriage equality, and religious freedom disputes.

Many conservative and religious organizations have lauded the group’s efforts, while detractors accuse it of supporting discriminatory and exclusionary policies.

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FDA accusation

Attorneys for Alliance Defending Freedom accused the FDA of improperly decreasing mifepristone limitations over time.

The Alliance for Hippocratic Medicine, a collection of anti-abortion physicians, is represented by the organization.

Former FDA officials, the pharmaceutical industry, 23 states in the United States, hundreds of members of Congress, and major medical organizations have all officially disputed the allegations.

The FDA decided that mifepristone was both efficacious and safe after a rigorous scientific assessment.

When Congress authorized it, the deduction for drug control fell under its purview.

Former FDA officials and large pharmaceutical companies cautioned the Supreme Court in a second brief that lower court verdicts will drastically limit the FDA’s regulatory authority and hamper research, development, and investment in innovative therapies.

Suspension and blockade

Judge Matthew Kacsmaryk of the United States District Court for the Northern District of Texas ruled earlier this month that the FDA’s approval of mifepristone, as well as subsequent FDA attempts to improve access to the medicine, were illegal.

However, the US 5th Circuit Court of Appeals upheld the FDA authorization while rejecting aspects of Kacsmaryk’s judgment.

Instead, they reinstated limitations on mifepristone use and distribution.

The appeals halted the mailing of mifepristone, requiring them to seek medical attention.

It also extended the period during which women may use the medicine, extending it until the seventh week of pregnancy.

Furthermore, in 2019, the Circuit halted the approval of GenBioPro’s generic mifepristone.

Availability

For the time being, Supreme Court Justice Samuel Alito has overruled lower court findings, authorizing the administration of mifepristone.

Others, though, were upset with the choice.

The Alliance Defending Freedom’s attorneys, under Erik Baptist’s leadership, argued:

“Women will still have access to chemical abortion drugs under the same restrictions that existed for the first 16 years of mifepristone’s use.”

“The only effect of the lower court’s order is to restore a modicum of safety for the women and girls who use the drug, including supervision and oversight by a physician.”

Lower court rulings

In their emergency petitions to the Supreme Court, the Justice Department and Danco contended that the lower court rulings would effectively pull mifepristone off the market for months, despite the fact that the FDA would merely change the medication’s labeling to conform with the 5th Circuit’s judgment.

The lawsuit and lower court judgments have been highly disappointing, according to US Solicitor General Elizabeth Prelogar.

It would also have far-reaching consequences for the pharmaceutical business, women’s health, and the FDA’s approval power.

The government also claimed that complying with the appeals court verdict would violate a competing court order issued by Judge Thomas Rice of the United States District Court for the Eastern District of Washington.

Rice has prevented the FDA from limiting mifepristone supplies in 17 states, including Washington, DC.

Women’s Rights Gets Boost as President Joe Biden Signs Order for Abortion Services

US President Joe Biden signed an executive order on Wednesday to help women cross state lines for abortion services.

The executive order is the second after the Supreme Court overturned the constitutional right to trial.

The order

Biden’s order orders the Federal Department of Health and Human Services to consider Medicaid funding for overseas travel for abortions.

Last month, the president signed the first executive order to respond to the Supreme Court’s decision.

The order also instructs the HHS to ensure that health care workers comply with federal anti-discrimination laws so that women can receive necessary medical care as quickly as possible.

Biden’s order is expected to have limited impact as Republicans lead a wave of national legislation that restricts abortion, access to drugs, and financing of similar services.

What led to the order?

On Tuesday, Kansas voters vehemently opposed an election measure that would have removed language protecting abortion rights from the state constitution.

The vote was a landslide victory for the abortion rights movement in the first national electoral test since the Supreme Court ruling.

Kansas is surrounded by states following the Supreme Court decision to overturn Roe v. Wade, including Oklahoma and Missouri.

As a result, Kansas has become a destination for out-of-state women seeking access to abortion treatment.

Biden’s sentiments

President Joe Biden continued his COVID isolation while talking virtually with his new task force on access to reproductive health care.

During the phone call, Biden called access to state abortion a “health crisis” and warned that Republicans want to ban the procedure nationwide.

“I don’t think the court has any notion for that matter or the Republican party for that matter… how women are going to respond,” said Biden on Wednesday.

“They don’t have a clue about the power of American women. Last night in Kansas, they found out.”

Biden also called the Kansas result a “decisive victory” and said voters sent a “strong signal” that politicians did not have the right to interfere with women’s human rights.

“This fight is not over, and we saw that last night in Kansas,” said Biden.

“The court practically dared women in this country to go to the ballot box and restore the right to choose.”

Based on the measurements

In early July, Biden issued his first executive order, instructing the federal government’s Department of Health and Human Services to expand access to medical abortion to protect women who travel to abort.

The president’s latest order is based on measurements. But as with the first order, it is unclear how it can be achieved.

According to a senior administration official, the second order prompts the Department of Health and Human Services to consider using funds like Medicaid to support low-income women traveling abroad for abortion services.

It also calls on Xavier Becerra of Health and Human Services to urge states to seek Medicaid exemption when treating patients traveling for reproductive health services.

The Hyde Amendment

The Hyde Amendment’s congressional measure stipulates that Medicaid will not pay for abortion.

The only exception is when the woman’s life is in danger, or the pregnancy is due to rape or incest.

It also directs the department to ensure that healthcare professionals comply with federal non-discrimination laws when providing such services.

The provision also provides for data collection to measure the sentence’s impact on maternal health.

Biden and Kamala Harris

President Joe Biden signed the executive order at the first meeting of the Interagency Task Force on Access to Reproductive Health Care.

Vice President Kamala Harris joined him in the meeting, calling the abortion issue “America’s public health crisis.”

Senate Democrats have rejected Biden’s request to repeal the House’s “filibuster” rule, which requires 60 out of 100 senators to agree on most laws so that anyone can pass a law that officially points out that abortion is a national right.

Kamala Harris can cast a casting vote in an equally divided Senate.

References:

Biden signs executive order aimed at helping women travel for abortion

Biden signs abortion order, says Republicans clueless about women’s power