Abortion pills off? – Mifepriston Case: The American Crusade Against Women

Last summer, the US changed. Since then the judgment in principle Roe vs. Wade was destroyed, women have lost something that is taken for granted in other democracies: the right to make decisions about their own bodies. Since the US Supreme Court overturned the verdict, it is up to the states themselves to decide on abortion rules.

Twelve U.S. governors, all Republicans, have since enacted abortion bans. Women in other regions of the United States await a similar fate in the coming months. Twelve other states are currently working to curb or ban abortion.

Many desperate women therefore resort to so-called “telemedicine”. Pregnant women digitally make an appointment with a doctor outside their state and are prescribed and sent the abortion pill Mifepristone to take at home.

But this method – born out of absolute necessity – is now on the brink. The U.S. Supreme Court will consider whether to withdraw the hormone inhibitor on Wednesday. This, in turn, would affect the entire United States.

the starting situation
Anti-abortion activists have filed a lawsuit in Texas against the approval of the abortion pill mifepristone. Federal Judge Matthew Kacsmaryk, appointed by ex-President Donald Trump, agreed. Opposing decisions, appeals and emergency motions followed. But all of those – including Kacsmaryk’s verdict – are now suspended. The case is now before the US Supreme Court. The Supreme Court has a conservative majority of six to three.

How does the judge in Texas argue?
The arch-conservative federal judge Kacsmaryk justifies his decision on mifepristone with the “lack of regulation” of the responsible US drug agency FDA. This would have resulted in “many deaths and even more serious or life-threatening side effects”.

The court bases itself on, among other things, a Finnish investigation. The author described Kacsmaryk’s comments as a “gross” misinterpretation. A number of experts describe taking the abortion pill as very safe.

Mifepristone, known in Austria under the trade name Mifegyne, is used in more than every second abortion in the US. With more than 5.6 million intakes of mifepristone since its approval in 2000, the FDA lists only 28 deaths, some of which are related to other factors.

What are the consequences of withdrawing the approval?
Mifepristone may no longer be marketed or prescribed. This would affect the health care of millions of people in the United States. Unintentionally pregnant should resort to safer methods. Experts also assume that more children would be born in poor circumstances. There are also warnings of an increase in domestic violence and other precarious living conditions. Many people simply cannot afford to travel to another state.

Lawrence Gostin, a law professor at Georgetown University, outlines in a commentary on a medical platform that the Supreme Court is not alone in deciding on the drug mifepristone. The question is whether the FDA will be trusted to determine the effectiveness of vaccines and drugs going forward — or judges from outside the field. This would have major consequences for the pharmaceutical industry.

Several democratic states are already preparing for and stockpiling a possible ban on the abortion pill. Massachusetts Governor Maura Healey said the state has sufficient reserves. “This political interference in primary health care is hurting women at a difficult and heartbreaking time,” Healey said. “It is an attempt to punish, disgrace and marginalize women.” Washington has also accumulated enough supplies for three years.

How will the Supreme Court decide?
That is not yet foreseeable. There is no precedent for court decisions affecting the approval of FDA-approved drugs. The Supreme Court’s stance on abortion leaves the conservative majority ideologically biased in deciding cases Roe vs. Wade guess only.