Survey finds 8,000 women a month got abortion pills despite their states' bans or restrictions

OF ITS BIGGEST CASES OF THE TIRM ON TUESDAY. IT CENTERS AROUND MIFEPRISTONE, ONE OF THE MOST COMMONLY USED ABORTION PILLS THE FOOD AND DRUG ADMINISTRATION APPROVED MIFEPRISTONE IN 2000 AND OVER THE YEARS, THE FDA HAS TAKEN STEPS TO EXPAND ACCESS, ALLOWING DOCTORS TO PRESCRIBE IT VIA TELEHEALTH APPOINTMENTS. FOR EXAMPLE, LAST YEAR, THOUGH, A US DISTRICT JUDGE IN TEXAS TOOK ISSUE WITH THE FDA鈥橲 ORIGINAL APPROVAL. HE ALSO CHALLENGED THE LATER MOVES THAT EXPANDED ACCESS TO THE DRUG. A COURT DEEMED IT WAS TOO LATE TO OVER TURN THE FDA鈥橲 OVERALL APPROVAL OF MIFEPRISTONE. BUT THE CASE AGAINST THE EXPANDED ACCESS IS MOVING FORWARD TO THE NATION鈥橲 HIGH COURT. AMY HOWE COVERS THE SUPREME COURT, JOINS ME IN STUDIO. USUALLY WE DO THIS REMOTELY, BUT IT鈥橲 SO NICE TO HAVE YOU IN OUR HOME. THANKS FOR JOINING ME. THANKS FOR HAVING ME. I FEEL LIKE EVERY TIME I TALK TO YOU, IT鈥橲 LIKE, WHAT IS THIS REALLY ABOUT? WHAT ARE THEY ACTUALLY ARGUING OVER? SO THIS IS A VERY TECHNICAL CASE ABOUT THE FDA. WHEN IT DECIDED TO EXPAND ACCESS TO MIFEPRISTONE, WHAT IT DID OR DIDN鈥橳 LOOK AT IN TERMS OF EVIDENCE ABOUT THE SAFETY OF THESE CHANGES IS CHANGES LIKE MAKING MIFEPRISTONE AVAILABLE THROUGH THE 10TH WEEK OF PREGNANCY INSTEAD OF THE SEVENTH, ALLOWING IT TO BE PRESCRIBED BY TELEHEALTH APPOINTMENTS AND THEN ALLOWING HEALTH CARE PROVIDERS WHO AREN鈥橳 PHYSICIANS TO PRESCRIBE THE DRUG. AND SO THE THE FIFTH CIRCUIT SAID THAT WHEN IT MADE THESE CHANGES IN 2016, THE FDA DIDN鈥橳 CITE A STUDY T THAT LOOKED AT THE CUMULATIVE EFFECT OF ALL OF THESE CHANGES AND WHETHER OR NOT IT WOULD STILL BE SAFE TO TO TAKE MIFEPRISTONE. IN LIGHT OF ALL OF THESE CHANGES, THE BIDEN ADMINISTRATION AND DANCO, WHICH IS THE MANUFACTURER OF MIFEPRISTONE, SAID, YOU KNOW, FIRST OF ALL, THAT WE DID CITE SUCH A STUDY, BUT MORE BROADLY THAT THE FDA REASONABLY CONCLUDED THAT THERE WERE NO SAFETY PROBLEMS BASED ON ALL OF THE EVIDENCE THAT IT HAD BEFORE THIS IS NOT A CONSTITUTIONAL QUESTION. THIS IS A VERY TECHNICAL QUESTION ABOUT THE FDA鈥橲 DECISION THAT IT WAS SAFE TO MAKE THESE CHANGES TO MIF TO MIFEPRISTONE USE, AND IS THERE AN ULTIMATE GOAL THIS WAS A CASE THAT CAME AFTER DOBBS AND SO IF YOU REMEMBER IN DOBBS, THE SUPREME COURT SAID THERE鈥橲 NOT A CONSTITUTIONAL RIGHT TO AN ABORTION. AND SO YOU KNOW, I THINK 21 STATES AND NOW HAVE LAWS IN PLACE THAT EITHER BAN OR, YOU KNOW, SIGNIFICANTLY RESTRICT ACCESS TO ABORTION. SO THAT MEANS THERE鈥橲 A LOT OF STATES WHERE ABORTION IS STILL LEGAL, BUT MEDICATION ABORTION IS USING MIFEPRISTONE ACCOUNT FOR MORE THAN HALF OF ALL ABORTIONS IN THE UNITED STATES. AND SO THIS WOULD MAKE IT MORE DIFFICULT TO USE MIFEPRISTONE IN THE STATES WHERE ABORTION IS STILL LEGAL. SO ULTIMATELY, IT鈥橲 AN OBSTACLE TO WOMEN WHO ARE TRYING TO GET AN ABORTION, EVEN IN STATES WHERE THEY鈥橵E SAID, HEY, WE鈥橰E SAFEGUARDING YOUR RIGHT TO AN ABORTION. THAT鈥橲 RIGHT. I KNOW ANOTHER ONE OF THE FRIEND OF THE COURT BRIEF SAID, EVEN IN THE STATES THAT THAT PROTECT THE RIGHT TO AN ABORTION, THERE ARE AREAS WHERE IT鈥橲 DIFFICULT. YOU MIGHT HAVE TO TRAVEL, FOR EXAMPLE, TO OBTAIN A SURGICAL ABORTION. AND SO WOMEN RELY ON THE AVAILABILITY OF MEDICATION ABORTIONS TO OBTAIN ABORTION CARE. AND THIS WOULD MAKE THAT HARDER. AND THEN DO YOU THINK THERE鈥橲 AN IMPACT FOR THE FDA AS A WHOLE, EVEN OUTSIDE OF THE ABORTION ISSUE? SO THERE POTENTIALLY IS AN IMPACT FOR THE FDA AS A WHOLE. AND DANCO, WHICH IS THE MANUFACTURER OF MIFEPRISTONE, SAYS, LOOK, DRUG MANUFACTURERS, OTHERS HAVE RELIED ON THE FACT THAT WHEN THE FDA APPROVES A DRUG, THEN COURTS AREN鈥橳 GOING TO COME ALONG AND SORT OF WILLY NILLY OVER TURN THAT APPROVAL. AND THIS WOULD OVERTURN ON THAT EXPECTATION. THEY SAY IT WOULD BE VERY DESTABILIZING FOR THE DRUG INDUSTRY. THERE鈥橲 ALSO A FRIEND OF THE COURT BRIEF FROM PATIENT ADVOCACY GROUPS LIKE THE AMERICAN CANCER SOCIETY THAT SAY THAT THIS CASE, IF THE SUPREME COURT WERE TO UPHOLD THE LOWER COURT鈥橲 DECISION, WOULD BE A ROAD MAP TO SORT OF LITIGATE THESE FUTURE CHALLENGES. AND IT COULD BE THINGS LIKE THE FDA DECIDES TO TAKE A DRUG THAT HAD BEEN AVAILABLE ONLY BY PRESCRIPTION AND MAKE IT AN OVER-THE-COUNTER DRUG. THEN SOMEONE COULD GO TO COURT AND TRY TO CHALLENGE THAT. AND AND THEY COULD FOLLOW ESSENTIALLY THIS ROAD MAP. AMY HOWE, ALWAYS NICE TO HAVE YOU. AN

Thousands of women in states with abortion bans and restrictions are receiving abortion pills in the mail from states that have laws protecting prescribers, a new report shows.Tuesday's release of the #WeCount survey shows about 8,000 women a month in states that severely restrict abortion or place limits on having one through telehealth were getting the pills by mail by the end of 2023, the first time a number has been put on how often the medical system workaround is being used. The research was conducted for the Society of Family Planning, which supports abortion rights.An additional 8,000 women in states without bans or major restrictions on telehealth abortion were receiving pills each month through virtual appointments, the study showed.In all, the survey counted about 90,000 monthly surgical or medication abortions offered by medical providers in 2023, higher than the previous year. Another study recently found that close to two-thirds of the total use pills.The group found that by December 2023, providers in states with the protections were prescribing pills to about 6,000 women a month in states where abortion was banned at all stages of pregnancy or once cardiac activity can be detected 鈥� about six weeks, often before women realize they're pregnant. The prescriptions also were going to about 2,000 women a month in states where the local laws limit abortion pill prescriptions by telemedicine."People ... are using the various mechanisms to get pills that are out there," Drexel University law professor David Cohen said. This "is not surprising based on what we know throughout human history and across the world: People will find a way to terminate pregnancies they don't want."Medication abortions typically involve a combination two drugs: mifepristone and misoprostol. The rise of these pills is one reason total abortion numbers increased even after the Supreme Court overturned Roe v. Wade in 2022.A Pew Research Center poll conducted in April found that Americans are substantially more likely to say that medication abortion should be legal, rather than illegal, in their state. According to the poll, which didn't look at laws protecting prescribers, more than half of U.S. adults think medication abortion should be legal in their state, a fifth of them say it should be illegal, and about a quarter say they aren't sure.After Roe was overturned, abortion bans took effect in most Republican-controlled states. Fourteen states now prohibit it with few exceptions, while three others bar it after about six weeks of pregnancy.But many Democratic-controlled states went the opposite way. They've adopted laws intended to protect people in their states from investigations involving abortion-related crimes by authorities in other states. By the end of last year, five of those states 鈥� Colorado, Massachusetts, New York, Vermont and Washington 鈥� had such protections in place specifically to cover abortion pill prescriptions by telemedicine."If a Colorado provider provides telehealth care to a patient who's in Texas, Colorado will not participate in any Texas criminal action or civil lawsuit," Cohen said. "Colorado says: 'The care that was provided in our state was legal. It follows our laws because the provider was in our state.'"Wendy Stark, president and CEO of Planned Parenthood of Greater New York, called the shield law there "a critical win for abortion access in our state."James Bopp Jr., general counsel for the National Right to Life Committee, said the law where the abortion takes place 鈥� not where the prescriber is located 鈥� should apply in pill-by-telemedicine abortions. That's the way it is with other laws, he said.But unlike many other aspects of abortion policy, this issue hasn't been tested in court yet.Bopp said that the only way to challenge a shield law in court would be for a prosecutor in a state with a ban to charge an out-of-state prescriber with providing an illegal abortion."It'll probably occur, and we'll get a legal challenge," Bopp said.Researchers note that before the shield laws took effect, people were obtaining abortion pills from sources outside the formal medical system, but it's not clear exactly how many.Alison Norris, an epidemiologist at Ohio State University and a lead researcher on the #WeCount report, said the group is not breaking down how many pills were shipped to each state with a ban "to maintain the highest level of protection for individuals receiving that care and providers providing that care."Dr. Rebecca Gomperts, director of Aid Access, an abortion pill supplier working with U.S. providers, said having more shield laws will make the health care system more resilient."They're extremely important because they make doctors and providers ... feel safe and protected," said Gomperts, whose organization's numbers were included in the #WeCount report. "I hope what we will see in the end is that all the states that are not banning abortion will adopt shield laws."

Thousands of women in states with abortion bans and restrictions are receiving abortion pills in the mail from states that have laws protecting prescribers, a new report shows.

Tuesday's release of the #WeCount survey shows about 8,000 women a month in states that severely restrict abortion or place limits on having one through telehealth were getting the pills by mail by the end of 2023, the first time a number has been put on how often the medical system workaround is being used. The research was conducted for the Society of Family Planning, which supports abortion rights.

An additional 8,000 women in states without bans or major restrictions on telehealth abortion were receiving pills each month through virtual appointments, the study showed.

In all, the survey counted about 90,000 monthly surgical or medication abortions offered by medical providers in 2023, higher than the previous year. Another study recently found that close to two-thirds of the total use pills.

The group found that by December 2023, providers in states with the protections were prescribing pills to about 6,000 women a month in states where abortion was banned at all stages of pregnancy or once cardiac activity can be detected 鈥� about six weeks, often before women realize they're pregnant. The prescriptions also were going to about 2,000 women a month in states where the local laws limit abortion pill prescriptions by telemedicine.

"People ... are using the various mechanisms to get pills that are out there," Drexel University law professor David Cohen said. This "is not surprising based on what we know throughout human history and across the world: People will find a way to terminate pregnancies they don't want."

Medication abortions typically involve a combination two drugs: mifepristone and misoprostol. The rise of these pills is one reason total abortion numbers increased even after the Supreme Court overturned Roe v. Wade in 2022.

A Pew Research Center poll conducted in April found that Americans are substantially more likely to say that medication abortion should be legal, rather than illegal, in their state. According to the poll, which didn't look at laws protecting prescribers, more than half of U.S. adults think medication abortion should be legal in their state, a fifth of them say it should be illegal, and about a quarter say they aren't sure.

After Roe was overturned, abortion bans took effect in most Republican-controlled states. Fourteen states now prohibit it with few exceptions, while three others bar it after about six weeks of pregnancy.

But many Democratic-controlled states went the opposite way. They've adopted laws intended to protect people in their states from investigations involving abortion-related crimes by authorities in other states. By the end of last year, five of those states 鈥� Colorado, Massachusetts, New York, Vermont and Washington 鈥� had such protections in place specifically to cover abortion pill prescriptions by telemedicine.

"If a Colorado provider provides telehealth care to a patient who's in Texas, Colorado will not participate in any Texas criminal action or civil lawsuit," Cohen said. "Colorado says: 'The care that was provided in our state was legal. It follows our laws because the provider was in our state.'"

Wendy Stark, president and CEO of Planned Parenthood of Greater New York, called the shield law there "a critical win for abortion access in our state."

James Bopp Jr., general counsel for the National Right to Life Committee, said the law where the abortion takes place 鈥� not where the prescriber is located 鈥� should apply in pill-by-telemedicine abortions. That's the way it is with other laws, he said.

But unlike many other aspects of abortion policy, this issue hasn't been tested in court yet.

Bopp said that the only way to challenge a shield law in court would be for a prosecutor in a state with a ban to charge an out-of-state prescriber with providing an illegal abortion.

"It'll probably occur, and we'll get a legal challenge," Bopp said.

Researchers note that before the shield laws took effect, people were obtaining abortion pills from sources outside the formal medical system, but it's not clear exactly how many.

Alison Norris, an epidemiologist at Ohio State University and a lead researcher on the #WeCount report, said the group is not breaking down how many pills were shipped to each state with a ban "to maintain the highest level of protection for individuals receiving that care and providers providing that care."

Dr. Rebecca Gomperts, director of Aid Access, an abortion pill supplier working with U.S. providers, said having more shield laws will make the health care system more resilient.

"They're extremely important because they make doctors and providers ... feel safe and protected," said Gomperts, whose organization's numbers were included in the #WeCount report. "I hope what we will see in the end is that all the states that are not banning abortion will adopt shield laws."

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