FDA Allows [Some] Pharmacies to Distribute Medication Abortion, Ish

Here’s another edition of Hard to Believe It’s Only Tuesday, a weekly roundup of the top headlines, tweets (for now!), toks, takes, and more in abortion news. You can always email me ([email protected]) or DM me on instagram with action items, takes, and news clips.

The big takeaway: Major week for medication abortion news. The FDA will permit pharmacies to dispense mifepristone, part of a two-medication regimen with misoprostol for medication abortion. (Misoprostol can also be used on its own to end a pregnancy.) This is very big, because until now, mife could only be distributed by certified online pharmacies and doctors and clinics. Now, CVS and Walgreens have said they’ll get certified to distribute the meds where abortion is legal. It’s also not big enough: see the Takes section for details from medical experts, researchers, and legal scholars. Basically: there are still pharmaceutical hoops to jump, and the FDA continues to treat mifepristone differently purely because of its association with abortion. The other big news is that the Justice Department has said that federal law allows delivery of medication abortion anywhere via the U.S. Postal Service.

The Top Headlines

• “FDA to allow pharmacies to dispense abortion pills to patients” (CNN)

• “CVS and Walgreens plan to offer abortion pills where abortion is legal” (NYT)

• “Sotomayor felt ‘shell-shocked’ after U.S. Supreme Court’s abortion decision” (Reuters)

• What’s happening with care supporters, clinics, and providers:

  • “Demand has quadrupled at some California abortion clinics since Roe fell” (San Jose Mercury News)

  • “Justice Dept.: Despite bans, abortion pills may be mailed to any state” (WaPo) — From the piece: “The Justice Department’s opinion provides clear legal protection to providers who mail mifepristone and misoprostol. But it would not protect a person who receives the pills by mail and uses them to terminate a pregnancy in a state where it is illegal.”

  • “FDA stays the course on abortion pills, rejecting demands from the left and right” (Politico) — The agency rejected both Students for Life and ACOG’s requests to respectively restrict and expand access to the medication. SFL was told “your petition does not provide any new data or evidence,” while ACOG was rejected on the grounds that only the medication’s manufacturer can request label changes.

• What’s happening with abortion bans and restrictions at the state and local levels:

  • “Idaho Supreme Court upholds near-total abortion ban” (Boise State Public Radio)

  • “SC Supreme Court tosses out six-week abortion ban, leaving it legal through 22 weeks” (Post and Courier) — The ban had not gone into effect. Essential to note that while abortion is legal through 22 weeks, there are no South Carolina providers who offer care after 14 weeks.

  • “Court rules doctors who provide abortions can’t be prosecuted under Arizona law” (NPR) — Nevertheless, the AZ Court of Appeals “declined to repeal the 1864 law, which carries a sentence of two to five years in prison for anyone who assists in an abortion and provides no exceptions for rape or incest.”

  • “Marijuana, abortion decriminalization look likely to make San Antonio’s May ballot” (KSAT)

The Takes

• ANSIRH’s Ushma D. Upadhyay is in the Los Angeles Times with a thoughtful yes/but on the FDA’s mife update, writing: “This week’s announcement at least shows an intent to expand access through retail pharmacies. But the FDA is maintaining other restrictions on this essential medicine without medical justification. Instead of yielding to anti-abortion pressures, the FDA needs to follow the science on mifepristone.” And We Testify’s Renee Bracey Sherman, ANSIRH’s Dr. Daniel Grossman, and American University abortion researcher Tracy Weitz are in The Nation with a similar call: “We need to follow the decades of data showing that medication abortion safe enough to be made available over the counter for everyone. Until then, we need our communities to speak up and call on their local pharmacies to stock abortion pills so they are available as soon as they are needed. This is a moment for public pressure and demand. If we want abortion access for all, we’re going to have to fight for it. In turn, we need the FDA to stop offering us crumbs and bureaucratic barriers. Follow the science and make medication abortion available for real this time.”

• Legal scholars David S. Cohen, Greer Donley, and Rachel Rebouche are in Slate with a warning of the FDA’s inadequate incrementalism on medication abortion: “… this announcement has come amidst a legal campaign to outlaw mifepristone by judicial fiat—which, if successful, will render the FDA’s decision meaningless.”

• Texas-based researchers Shetal Vohra-Gupta and Kari White are in the Austin American-Statesman with an op-ed connecting the dismal findings of the state’s Maternal Mortality and Morbidity Review Committee to abortion restrictions, institutional-medical racism, and more: “It should not be this dangerous to be pregnant in Texas. State leaders need to take bold actions and adopt policies that are supported both by evidence and by the majority of Texans. They can start by extending Medicaid coverage for 12 months after pregnancy ends and passing legislation to fairly compensate doulas for all who want them. A Texas that ensures that pregnancy and the postpartum period is safer for all residents – and especially for Black and low-income Texans – can’t come soon enough.”

The Tweets/Toks/Grams

• Had to do a double take on this tweet from the Kansas Abortion Fund, great work plugging into the Spare ~ zeitgeist ~

The Fuck Are We Supposed to Do About It?

• Idaho, online: Sign up for the Idaho Abortion Rights Collective’s virtual orientation on Saturday, January 7th.

• Georgia: Join Atlanta’s Feminist Women’s Health Center for a legislative advocacy workshop virtually on Saturday, January 7th or in person Saturday, January 14th. Tickets are $10, but no one will be turned away for lack of funds. Register here.

• Online: Expose Fake Clinics’ monthly action hour is Monday, January 9th.

• Washington State, online: Pro-Choice Washington’s 2023 legislative kick-off is Wednesday, January 11th.

• Miami Beach: Art for Abortion is Thursday, January 12th.

• Online: Muslims who have “had an abortion or think abortion might be the right choice for them” are invited to join the Ad’iyah Collective’s Abortion Support Circle on Sunday, January 15th.

• Online: Join the Kentucky Health Justice Network’s virtual Reproductive Justice 101 session on Tuesday, January 17th. Register here.

• Baltimore: Art + Feminism and the Baltimore Abortion Fund are hosting a Wikipedia Edit-A-Thon at Red Emma’s on Saturday, January 21.

• Austin: Future Front Texas’ Texas Feminist Throwdown is Sunday, January 22nd. Sliding scale ticket sales benefit the Lilith Fund, Black Mamas ATX, and MOVE Texas.

• Anywhere, for health care providers: UCSF’s Dobbs Impact Study is looking at instances of “poor-quality medical care since the Dobbs decision,” and they’re encouraging providers to submit de-identified stories.

• Texas:

  • Join the Texas Abortion Hype Squad.

  • Jane’s Due Process is looking for volunteers in Bryan, College Station, San Angelo, and Lubbock to distribute repro kits containing emergency contraception and other essentials. Sign up here — and they’re looking for local businesses to volunteer as pick-up sites, too.

• Anywhere, best practices edition:

  • The Repro Legal Defense Fund and the Community Justice Exchange have an extensive, attractive, and fact-filled guide to abortion criminalization in both English and Spanish.

  • Check out the “Pro Choice, But” campaign to better understand how to talk with folks who are, well, pro-choice … but.

  • Read the National Immigration Law Center’s know-your-rights-guide to abortion access for immigrants and share widely.

  • Familiarize yourself with this Digital Defense Fund guide to keeping your abortion private and secure, or check out the If/When/How Repro Legal Helpline guide to internet safety.

  • Read this guide on using trans-inclusive language from ARC-Southeast and the Transgender Law Center.

  • REPRO Rising Virginia has a thorough guide to updating your protest signs to make sure you’re using the most forward-thinking, respectful, and impactful language around abortion.

  • Here’s a big list of action items and info created by @RHAVote, and another big list of action items and info created by Alison Turkos.

• California, Texas, or Georgia: SisterLove, Inc. is looking for English- or Spanish-speakers between the ages of 15 and 49 who “recently found out [they] were pregnant’” as part of a paid study through the University of Pittsburgh. Here’s the intake survey to find out if you qualify.

• Sign and share:

  • Texas: Avow Texas’ petition demands county district attorneys pledge not to prosecute people for providing abortions, or because of a pregnancy outcome.

  • Anywhere: All Above All*’s petition asks President Biden take immediate steps to ensure abortion justice for immigrants.

• Anywhere: Declare an Abortion Provider Appreciation Day in your community using this toolkit from the National Institute for Reproductive Health.

• From your wallet: Buy something off the wishlist of an independent clinic, abortion fund, or clinic defense group, or donate to support abortion funds. This link distributes your donation to 90+ funds around the country. Or donate to support independent abortion providers!

That’s all for this week. I’m sure I’ve missed something you’d like to see featured in this roundup, for I am but one woman with a computer and an abortion-news-induced drinking problem. Holler at me — [email protected], or DM me on Instagram, and I’ll try to add follow-ups as I’m able.