Access to abortion pill is put in jeopardy by a U.S. judge
A U.S. Supreme Court Decision to Reconsider the Use of Misoprostol for Late-Term Abortion (A Marillo, California)
The FDA is being sued by a coalition of national medical associations and several doctors, who wanted the court to order the FDA to withdraw the drug used in late-term abortions.
The judge’s decision won’t just affect people living in states where abortion has become illegal or heavily restricted: because the case is in federal court, the judge has the ability to issue a nationwide ruling.
Three weeks after a public hearing in Amarillo that was open to the public and the press, the decision was made. No recording or public livestreaming was permitted.
The Fifth Circuit has a reputation for being a conservative jurisdiction and an appeal is expected to go there. The case could go to the Supreme Court.
Abortion providers nationwide say they’ve been preparing to use another medication abortion regimen, which will be using only misoprostol alone. Off-label uses of Misoprostol are commonplace in the United States, mostly for Ulcers and other gynecological purposes.
The single-drug regimen may be less effective than previously thought, and may cause additional side effects. But the World Health Organization says the method, which has been used internationally for decades, can be safe and effective at the appropriate dosage.
The Supreme Court rulings in Dobbs v. Jackson Women’s Health Organization are likely to bring confusion and misinformation for doctors and patients
The decision likely will mean uncertainty and confusion for doctors and patients, says Farah Diaz-Tello, senior counsel with the reproductive rights legal advocacy group If/ When/How.
In the time period that doctors are trying to figure out what they’re going to be able to do, it will be difficult for people who are seeking an abortion with pills. “So I think we’re going to see an immediate exacerbation of the crisis of access that already started in June of 2022” with the U.S. Supreme Court decision last year in Dobbs v. Jackson Women’s Health Organization, which overturned decades of abortion-rights precedent.
More people will use online or other countries’ medications to get abortions without the supervision of a doctor. She is concerned about the risk of increased scrutiny of patients seeking emergency medical care due to self-managed abortions or miscarriages.
She thinks the ruling will cause confusion and misinformation because there aren’t state laws that would require healthcare providers to turn in patients suspected of inducing an abortion.
“I am worried that the misunderstanding will lead to thecriminalization of people who end their pregnancies, and I want to warn you that that is going to happen,” she says.
The Lawyering Project, which is in favor of abortion rights, said that the two courts could impose very different obligations on the FDA if they came out with conflicting orders.
Allen says the FDA could decide to issue guidance for prescribers about how to interpret the rulings. She thinks that the conflict between the federal courts could end up before the Supreme Court.
The Safety of (Mifepristone) and Its Use in Pregnancy and Prenatal Cancer Studies, a Project of Upadhyay
“(Mifepristone) has been used for over 20 years by over 5 million people with the capacity to become pregnant,” said Ushma Upadhyay, an associate professor in the department of obstetrics, gynecology and reproductive science at the University of California, San Francisco. “Its safety is very well established.”
The risk of death by penicillin is four times greater than the risk for Mifepristone, according to a study. According to the FDA’s brief, there is an increase in risk of death by taking Viagra.
