On October 8, the Supreme Court ruled to continue allowing access to abortion pills by mail during the coronavirus pandemic, relaxing long-standing regulations that required in-person medical oversight.
Background on FDA Requirements
Since 2000, the FDA has mandated that patients seeking a medication abortion with Mifeprex (commonly known as the abortion pill) must receive the medication at a clinic under the supervision of a healthcare professional. This process also included mandatory in-person counseling and signing a consent form acknowledging the risks and side effects.
However, the COVID-19 pandemic prompted significant changes.
Legal Push for Change
At the onset of the pandemic, the American College of Obstetricians and Gynecologists (ACOG) petitioned the FDA to suspend the in-person requirement for Mifeprex, citing safety concerns over exposure to the virus. The FDA denied the request, leading the ACOG to file a lawsuit.
In July, U.S. District Judge Theodore Chuang in Maryland ruled in favor of the ACOG, temporarily halting the FDA’s in-person requirement and allowing abortion pills to be mailed nationwide.
Concerns Over Patient Safety
The decision sparked significant debate among medical professionals and advocates.
Dr. Karysse Trandem, an OB/GYN and Medical Director of the Pregnancy Resource Centers of Southwest Florida, raised concerns over the ruling.
“This sets a dangerous precedent and opens the door to medical malpractice,” Dr. Trandem stated. “A medical abortion carries significant risks and is a life-altering decision. Women have the right to proper counseling and medical oversight, and that right has been compromised.”
Dr. Trandem noted that she has treated women who experienced severe complications after taking the abortion pill without adequate medical guidance. “These complications could have been prevented with appropriate care,” she emphasized.
The Rise of Medication Abortions
Since the FDA approved Mifeprex in 2000, its use has steadily grown. According to the Guttmacher Institute, medication abortions now account for nearly 39% of all abortions in the U.S.
The temporary policy change, allowing mail-order access, could further increase the prevalence of medication abortions. Critics argue this move simplifies access while potentially exposing women to greater risks without in-person medical support.
The Role of Pregnancy Resource Centers
Amid the ongoing pandemic and growing demand for abortion services, pregnancy resource centers have seen a surge in women seeking guidance.
“There is a lot of fear right now,” said Valerie Millsapps, executive director of the Pregnancy Resource Center in Tennessee. “But this highlights a crucial need for outreach services. Women need to find us so they can explore all their options without judgment.”
These centers emphasize the importance of providing comprehensive care and support to women, particularly during uncertain times like the pandemic.
What’s Next?
The Supreme Court has given the district court 40 days to review the FDA’s request to reinstate the original in-person requirements. The final decision could shape the future of abortion access and safety in the United States.
