Abortion USA

[Tero]

Judge halting one pill leaves options.

...are hoping to convince Judge Matthew Kacsmaryk to order the FDA to withdraw its 22-year approval of mifepristone, the first drug taken in the two-drug abortion pill regimen.

Melissa Grant is the chief operations officer at Carafem, an organization that offers reproductive health care, including abortion care, online and in-person. “Carafem has provided thousands of doses of misoprostol-only as an option to our clients since the year 2020,” she tells Rolling Stone. “We did so because we recognized that the Trump administration was poised to remove the ability to mail mifepristone in 2021.”

What Carafem has found in the data it has collected over that period is that misoprostol-only abortions are extremely effective — 95 percent, compared to 99 percent effectiveness when taken together with mifepristone. Doses can be administered orally, sublingually (i.e. absorbed under the tongue) or vaginally, largely as a matter of personal preference, Grant says.

https://www.rollingstone.com/politics/p ... 234687200/

[Tero]

Wyoming Becomes First State to Outlaw Abortion Pills
Medication abortion providers could serve six months in prison under the law, one of a growing number of efforts by conservative states to target the pills.
NYT

[Brian Peacock]

Why is America not out on the streets protesting this? Is it possibly because republicans think only poor black women want abortions?

[Svartalf]

Well, when there is a surge in teenage pregnancies among white girls from elephantophilic families... maybe somebody will see the light

[Tero]

You are not keeping track! Teenage pregnancies all part of the plan. That way more white babies are born. Great replament theory.

Them states with black peiple, like Illinois, can keep aborting.

[Svartalf]

yeah, will they bring back lynchings when most of the 'white' babies show signs of having been fathered by men of undesired stock?

[Tero]

Wyoming law stopped death panels...and government meddling in healthcare

In many states, opponents of Obamacare effectively took the GOP’s talking points and turned them into state constitutional amendments protecting patients’ ability to obtain health care that the government might not want them to have. Wyoming’s amendment, for example, provides that “each competent adult shall have the right to make his or her own health care decisions.”

Judge Owens handed down a decision in August halting the law. Among other things, she rejected the state’s argument that the health care amendment was “only adopted to push back against the Affordable Care Act,” and should not be construed to protect abortion rights.

https://www.vox.com/politics/2023/3/23/ ... rt-johnson

[Tero]

Texas judge bans abortion pill. He says the drug fails to warn that abortion causes trauma.

FDA responds

Now that Dobbs has been decided, state officials have indicated that they will seek to enforce state statutes which conflict with FDA's regimen for the proper use of mifepristone, by banning its use entirely, prohibiting telemedicine prescription, or imposing other requirements which FDA has specifically considered and now rejected as contrary to the congressional mandate that FDA-approved drugs be as accessible as safety considerations allow. Litigation has already been filed to invalidate such statutes on the grounds that they are preempted by the doctrine that state law which conflicts with, or undermines the purposes of, FDA actions with respect to approved drugs are preempted under the Supremacy Clause of the Constitution. This article examines the Supreme Court caselaw and FDA actions which will dictate the outcome of that litigation. Part I details the statutory basis for FDA preemption of conflicting state law and the four decisions by the Supreme Court over the last 13 years (Levine, Mensing, Bartlett and Albrecht) which enunciate the governing legal standards for FDA preemption. We pay particular attention to the opinions of Justice Alito and the other conservative justices, which hold that such FDA preemption should be robust to ensure that there is one consistent, national policy for the distribution and regulation of drugs, under the science-based decisions of the FDA, rather than the 'parochialism' of differing state standards.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10017072/

[Tero]

FDA could not rule on things outside of actual drugs

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.[1] It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.[2] However, federal statutes and treaties must be within the parameters of the Constitution;[3] that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution.

https://en.wikipedia.org/wiki/Supremacy_Clause

[Svartalf]

WTF? what's the real legal basis for this new absurdity ? what's the chance it will actually stand on appeal?

[JimC]

The continuing struggle between states and federal authority in the US is an absurd historical legacy which is contributing to both toxic division in their society and a paralysis on effective action.

[Tero]

WTF? what's the real legal basis for this new absurdity ? what's the chance it will actually stand on appeal?

The courts will have to look at the FDA law. It was set up 1930s to protect people from drug companies and pharmacies and patent medicine. But what is a drug?

[Tero]

Courts very clise now to declaring a fetus a person.

Kacsmaryk writes:

Women who have aborted a child – especially through chemical abortion drugs that necessitate the woman seeing her aborted child once it passes – often experience shame, regret, anxiety, depression, drug abuse and suicidal thoughts because of the abortion.

[Brian Peacock]

Seems like a good reason to make abortion under medical supervision more wifely available..

[JimC]

Seems like a good reason to make abortion under medical supervision more wifely available..

Why should it be only available to wives?