Medication abortion under attack
We’re very closely watching a federal court case in Texas that could potentially ban mifepristone in all 50 states.
What is Mifepristone?
Mifepristone is one of two medications typically prescribed for a medication abortion - most medication abortions involve taking mifepristone to stop the hormones that maintain a pregnancy, and misoprostol to induce contractions. Medication abortion with mifepristone is a safe, effective method of ending a pregnancy, and it accounts for over half of all abortions nationwide and 60% of abortions in Minnesota.
What is this lawsuit?
Anti-abortion lawyers filed this lawsuit to repeal all of the FDA’s actions regarding mifepristone, including FDA’s approval of mifepristone and the recent actions that allowed mifepristone to be administered via telehealth and distributed through the mail. It is clear that these lawyers’ goal has always been to ban abortion outright and stop us from making healthy choices for our own bodies and families. They filed this lawsuit with a specific federal judge in Texas who has a long history of attacking birth control access and LGBTQ rights.
We’re prepared for three potential outcomes:
The judge throws the case out (very unlikely)
The judge keeps the FDA’s approval of mifepristone, but reinstates restrictions that would ban patients from receiving mifepristone via telehealth, which would seriously limit options for patients in rural areas
The judge overturns the FDA’s approval of mifepristone, taking mifepristone off the market, possibly by citing an outdated pre-Roe law called the Comstock Act, which bans mailing of drugs and devices used to end a pregnancy
What will happen to medication abortion? Are there other options?
If the courts do ban Mifepristone, it will be a devastating blow. But it will not stop people from getting abortions, it will not change the fact that abortion is legal in Minnesota, and it will not stop Our Justice from funding abortions. Mifepristone is not the only way to safely end a pregnancy - it is also safe and effective to use misoprostol alone, and many providers will start using this method if mifepristone is banned.
Another safe, affordable option for many people is to purchase mifepristone and misoprostol in advance to keep at home for future use. This is called advance provision, and our partners at Plan C have lots of resources on how to access this service!
How is Our Justice preparing for the decision?
Our Justice will continue directly funding abortion for anyone seeking care in Minnesota and one independent clinic in Iowa, including patients seeking medication abortion care. Medication abortion will still be available if mifepristone is banned, but it will be administered through misoprostol only. This will mean that many patients traveling to Minnesota may have to stay longer to pass their pregnancies because this method takes longer than the mifepristone/misoprostol method.
Just because we can adapt to a new reality without mifepristone does not mean we should have to. We all deserve the full range of safe, dignified reproductive health care choices, and attempting to limit the number of abortion methods available to patients is a direct violation of our right to full bodily autonomy in reproductive health care.