Abortion Restrictions Continue as Women Stockpile Medication

Health and Gender Policy Brief #169 | By: Geoffrey Small | January 11, 2024

Photo taken from: www.plannedparenthood.org

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A newly published JAMA Internal Medicine research letter has indicated that women are stockpiling abortion pills in the United States. With recent state developments in restricting access to abortion procedures, women across the U.S. are feeling the impact of their waning reproductive rights by taking precautions that were unimaginable in the Roe v. Wade era. As studies are being published measuring the fallout of the Supreme Court’s reversal, a moderate pro-abortion ballot proposal in Arkansas is gaining a lot of criticism in a state that has a total abortion ban. In Texas, the appellate court and their Supreme Court has ruled that hospitals can ban certain emergency abortion procedures, as shown in Kate Cox’s renown court battle. These restrictive measures may lead to a new norm where rates of stockpiling abortion medication and access inequality may grow.

Policy Analysis

On January 2nd, The JAMA network published a research letter that indicated women were stockpiling mifepristone and misoprostol. The data was measured through a European online telemedicine service called Aid Access. The letter states that from September 2021 to April 2023, 48,400 requests from the U.S. were made for “advance provision”, a category for women who are currently not pregnant. In states where abortion bans were administered, these particular requests increased ninefold. Socio-economic and racial inequities to accessibility were also indicated in the letter. There was a greater proportion of requests from white unmarried women, at least 30 years old, who live in urban areas that had less overall poverty. On January 3rd, the FDA finalized a rule change that would allow mail-order abortion pills to be ordered within the United States.

Women are taking more precautionary measures as the nation debates state restrictions. The Arkansas Advocate reported in November that a ballot proposal, submitted by the nonprofit For AR People, would require an amendment to Arkansas’ total abortion ban. This proposal came after the non-profit’s internal polling indicated that 51 percent of Arkansas citizens supported limited reproductive rights. If the state votes in favor of the ballot, Arkansas will codify abortions through 18 weeks of pregnancy and in cases of rape, incest, or a life-threatening pregnancy. However, some online advocates argue that the 18-week ban would still enshrine a more restrictive constitutional measure when compared to the 24-week Roe v. Wade timeline. Many advocates also agree that the 24-week timeline is arbitrary and support complete unrestricted access.

The Texas Supreme Court reversed a ruling in December that would have allowed Kate Cox to receive an abortion that was diagnosed with a lethal abnormality. This forced her to leave the state to terminate her non-viable pregnancy.

Also, on January 2nd, the federal court of appeals in Texas ruled that hospitals cannot be required to perform emergency abortions, in order to stabilize a patient’s life, after federal guidance from the Biden Administration stated the procedures are necessary in hospitals receiving Medicare. The federal court ruled that the Biden Administration overstepped its authority, because the requirement ran counter to state laws.

The Supreme Court is set to rule on the FDA approval of access to abortion medication this summer. The future of reproductive rights is still uncertain even for mifepristone, a drug that was approved 20 years ago by the FDA. If anyone needs access to this federally sanctioned medication, please visit Aid Access in the link below.

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