As the Supreme Court weighs the fate of Roe v. Wade, advocates on both sides of the fight are already positioning themselves for the next battle, over medication abortions or so-called abortion pills.
As the U.S. Supreme Court weighs the fate of Roe v. Wade, advocates on both sides of the fight are already positioning themselves for the next battle, over medication abortions or so-called abortion pills.The pills for a medication abortion, mifepristone and misoprostol, are FDA-approved for use in the first 10 weeks of pregnancy. The FDARepublican states, meanwhile,
Since those drugs can only be used before 10 weeks of pregnancy, the right to surgical abortions will continue to loom large, Ziegler says.: "The kind of low visibility and flexibility of medication abortion is going to be really, really consequential" if the high court strikes down or guts Roe, she adds.The abortion terrain has already shifted even before justices decided to review Mississippi's 15-week abortion ban, which poses a direct challenge to Roe.
Experts might argue that means states don't have the authority to ban FDA-approved drugs, including abortion drugs. Some might even go so far as to argue that the FDA's policies would preempt any attempt by states to ban abortion, Rebouché said. "How a state crafts its law could impact how a court reviews it," Greer Donley, an assistant law professor at the University Pittsburgh Law School, tells Axios.This could all be a moot point since there are practical barriers to banning medication abortion.
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