Supreme Court Upholds Access to Abortion Pill Mifepristone, but Varies Across States

The Supreme Court decision that was announced on Thursday, June 13, marks a significant step forward for reproductive rights, particularly concerning access to the abortion pill mifepristone.

The Food and Drug Administration initially approved mifepristone in 2000 for medication abortion. In 2016, the time frame for using the drug to terminate a pregnancy was extended from seven weeks’ gestation to 10. This extension aimed to facilitate access to the medication for pregnant women.

Further progress was made in 2021 with the decision to permanently allow access to mifepristone prescriptions via telehealth and for the medication to be dispensed by pharmacists and mail-order pharmacies. However, it is crucial to understand that the right to access mifepristone does not apply uniformly across all states in the U.S.

Pregnancy Termination Limits

According to the Guttmacher Institute, approximately two-thirds of abortions in the U.S. are medication abortions, with mifepristone being a key component of the process. It is essential to note that mifepristone is approved for use up to 10 weeks’ gestation, or 70 days. Nevertheless, some doctors may prescribe it beyond that time frame through a practice known as off-label use.

Access to mifepristone varies significantly depending on the state in which an individual resides. For instance, in 14 states, there are near-total bans on abortion, which can impact access to medication abortions. Furthermore, laws in certain states may require in-person visits to obtain mifepristone or mandate that the medication must be dispensed solely by physicians.

Telehealth and Abortion

Telehealth has emerged as a crucial component of abortion access, especially in states with restrictive laws. An increasing number of individuals are utilizing telehealth services to obtain mifepristone, with the FDA estimating that 8% of all abortions were facilitated through telehealth providers in the year following the overturning of Roe v. Wade.

Dr. Jamila Perritt emphasized that mifepristone is a safe and effective medication, whether it is administered by a healthcare provider or obtained through telehealth or online sources. Additionally, the FDA has issued warnings regarding specific conditions that might make mifepristone unsafe for certain individuals, such as those with ectopic pregnancies or individuals taking blood thinners.

Although mifepristone is considered medically safe, individuals seeking access to the medication in states with near-total abortion bans may encounter legal complexities. While there are exceptions for cases such as rape, incest, or situations endangering the woman’s life, navigating the legal framework can pose challenges for both patients and healthcare providers.