The anti-abortion movement’s latest effort to deprive us of access to critical reproductive healthcare comes by way of a lawsuit called Alliance for Hippocratic Medicine vs. FDA.
Radical anti-abortion activists are using this flimsy case to request a nationwide ban on a drug called mifepristone, the first of two drugs used in a typical medication abortion protocol.
Medication abortion including mifepristone is safe and effective. This is not an opinion—it is a fact based on hundreds of medical studies and vast amounts of data amassed over two decades.
To date, mifepristone has been discussed in more than 780 medical reviews and used in more than 630 published clinical trials—of which more than 420 were randomized controlled studies.
In addition to its use in medication abortion, mifepristone is used to:
- treat ectopic pregnancy
- manage miscarriages
- reduce hemorrhaging during pregnancy complications
- facilitate successful labor to avoid unwanted Cesarean delivery
- treat endometriosis
- treat uterine fibroids
- treat people with Cushing’s syndrome
Banning the sale of mifepristone would have a significant impact on abortion access and treating a range of pregnancy-related emergencies and harm people with conditions entirely unrelated to pregnancy. Mifepristone has also been studied to treat:
- PTSD
- mood orders and depression
- alcohol use disorders
- brain tumors
The scary part: Just because plaintiffs’ outrageous request for a national injunction on the sale of a well-tested, safe, and commonly used drug is based on unsubstantiated claims doesn’t mean the gambit won’t work.
If it does work, the entire process of testing and approving medicine could be compromised far beyond the context of mifepristone’s approval. As an amicus brief filed by attorney and WLP board member Greer Donley and her associates explains, sanctifying this type of cynical litigation with an injunction would mean “no drug is without risk…. Patients who rely on life-saving medications could see their drugs removed from the market with little notice.”
To be clear, a national ban on the sale of mifepristone is the worst-case ruling of many possible scenarios.
See this fact sheet for more details about this case.
A ruling can be issued as early as Friday, February 24.
What This Case Means for Pennsylvania
While it’s important to understand that a political ban on mifepristone would further compromise the fragile and inadequate post-Roe landscape of abortion care in this country, it’s also important to note that a ban on mifepristone is not necessarily a ban on medication abortion.
While we can’t specify the consequences of a ruling that has not yet been issued, we assure you that physicians and abortion providers across the country and Pennsylvania are preparing for all possible scenarios and to keep medication abortion accessible.
No matter what the ruling, it will not affect the legality of abortion in Pennsylvania. Both procedural and medication remain legal in Pennsylvania.
We will review the ruling as soon as possible after it is released. Stay tuned for updates.
Women’s Law Project is a non-profit public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond.
Please consider making a donation to support our work.
Sign up for WLP’s Action Alerts. Stay up to date by following us on twitter, Facebook, and Instagram. You can contact us here.
