The Biden administration has considered using emergency public health powers to protect access to abortion pill, mifepristone.
The law gives the Health and Human Services secretary the authority to extend legal protections to anyone who manufactures or administers a drug that's needed to respond to a public health emergency. It was widely used in March 2020 to protect Covid-19 vaccine makers, test manufacturers and pharmaceutical companies like Pfizer that were making therapeutic drugs like the anti-viral Paxlovid. It also protected physicians administering the shots and tests.
Legal experts have said Republican state officials would immediately sue the administration for using the PREP Act to protect medication abortion and a federal court could quickly block the action from taking effect. The issue could ultimately end up before the same conservative-controlled Supreme Court that overturned Roe v. Wade.
Women who receive abortions are generally exempt from prosecution under most of the state bans, but reproductive rights activists are worried that Republican state officials will ultimately try to prosecute patients who receive the procedure as well. Medication abortions have become an increasingly common procedure to end pregnancies in the U.S. Mifepristone used in conjunction with misoprostol accounted for more than 50% of abortions in the U.S. in 2020, according to a survey of all known providers by the Guttmacher Institute.
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