Mifepristone Case at SCOTUS
On Tuesday, June 13, the Supreme Court of the United States (SCOTUS) issued its ruling in Food and Drug Administration v. Alliance for Hippocratic Medicine, a case brought by the anti-abortion movement to jeopardize FDA approval of mifepristone — a safe, effective medication. The court rejected challenges to mifepristone with a ruling that will allow providers across the country to continue to use the medication.Most notably, providers will be able to continue to mail the medication to patients without needing an in-person visit. We are relieved and grateful that our patients will have continued access to mifepristone without interruption.
SCOTUS rejected the lawsuit based on a finding that the plaintiffs did not have standing, meaning they did not have personal harm or associated harm to bring this case for review. Unfortunately, SCOTUS did not acknowledge or address the credibility of the FDA’s approval of mifepristone, nor did it acknowledge the safety or efficacy of the drug. However, we know that mifepristone is a safe and effective medication and there is no medical reason to limit access to it.
We also know that anti-abortion proponents will continue to use disinformation and weaponization of our judicial court system in an attempt to deny access to safe and effective medication abortion, in addition to denying people the right to make their own private health decisions. We will continue to fight to protect access to sexual and reproductive health care.
Planned Parenthood of the Pacific Southwest health centers will continue to provide care that is based on science and facts, including safe and legal medication abortion. We remain committed to our patients, our communities, and all who champion reproductive freedom.
Access to Emergency Abortion Care (EMTALA):
On Thursday, June 27, the Supreme Court issued its ruling in Idaho and Moyle, et al. v. United States, which focused on the Emergency Medical Treatment and Labor Act (EMTALA) law that protects the right to abortion in an emergency in every state. The court ruled to dismiss the case before judgment as “improvidently granted,” sending the case back to the lower courts to continue litigation and reinstating a lower court order allowing emergency abortions under EMTALA in the state of Idaho.
For now, patients in Idaho will be able to get the care they need, and providers in Idaho can once again provide abortion care, when necessary, in emergency situations. Unfortunately, this is not the end of this case nor of anti-abortion proponents’ attempts to block access to abortion through the weaponization of our judicial court system. We will be closely monitoring developments as this case continues in the lower courts and will continue to provide updates as we have them.
EMTALA has long been understood to protect emergency abortion care when it is necessary treatment in a medical emergency. Such decisions should be left up to medical providers and their patients, and not be up for debate. As always, we remain committed to providing the vital and compassionate health care that people need and deserve.
Status of Abortion Bans in the States
Below is the current state of affairs regarding access to abortion care across the United States. In some states, the fight over abortion access is still taking place in courtrooms, where advocates have sued to block bans and restrictions. Other states have moved to expand access to abortion by adding legal protections.
Regardless of where your state lands on the access spectrum, we have the opportunity to build our movement and advance our issues through engagement, advocacy and action.
As of July 1, 2024 twenty-one (21) states across the nation have eliminated all or some abortions. These states are as follows: AL, AR, AZ, FL, GA, ID, KY, LA, MO, MS, NC, OK, SD, TN, TX, UT, WI, WV.
- States where abortion has been banned: AL, AR, ID, IN, KY, LA, MO, MS, OK, SD, TN, TX, WI, WV
- States where abortion has been banned after the earliest stages of pregnancies: GA, FL
- States where abortion has been banned after 15-20 weeks gestation: AZ, NC, UT
We are grateful that abortion in is still safe and legal in California, and we stand strongly alongside our friends in the fight for full reproductive freedom for all. Please visit abortionfinder.org for the latest information on abortion provider service status.
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