Medication Abortion Ruling Delayed; Mife Available for Now

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: Clinicians and providers will be able to prescribe mifepristone, the first pill of a two-medication abortion regimen with misoprostol, for at least another couple of weeks. Judge Matthew J. Kacsmaryk has given mife manufacturer Danco until February 24th to file in the case. (A ruling was originally possible as early as today; background here. The tl;dr is that a shady anti-abortion group is suing to force the FDA to rescind its 22-year approval of mifepristone. They deliberately chose Kacsmaryk’s court because the guy is a Trump-appointed reactionary bigot with no business being on the bench.)

In the meantime, it’s worth getting familiar with the misoprostol-only medication abortion protocols. Researchers at the University of Texas just released a timely study about the safety and efficacy of miso-only abortions, finding that “self-managed medication abortion using misoprostol provided by an online telemedicine service has a high rate of effectiveness and a low rate of serious adverse events.”

More context: In light of the impending mife ban, some providers are preparing to prescribe miso-only care, but Buckle Bunnies Fund cofounder Makayla Montoya Frazier noted on Twitter that the “more intense” miso-only experience may require more support for folks having abortions. And new data from Guttmacher shows which states would be hit “especially hard” by a mife ban.

The Top Headlines

• “Biden ‘platitudes’ on abortion leave supporters wanting more” (Bloomberg Law)

• “Federal judge says constitutional right to abortion may still exist, despite Dobbs” (Politico) — A D.C. district court judge noted in an ongoing case dealing with anti-abortion activists that the 13th Amendment, which bans slavery, could protect the right to abortion. More on this in the Tweets section below.

• “In Florida, 1 in 10 minors are denied abortions by judges” (The 19th)

• “The poorer you are, the more likely you are to see anti-abortion ads, thanks to Google” (Jezebel)

• What anti-abortion clinic protesters and the crisis pregnancy crowd are up to:

  • “Abortion protests at Clearwater clinic like ‘a tinderbox ready to explode,’ workers say” (Tampa Bay Times)

  • “Anti-abortion group to pay Planned Parenthood nearly $1m over protest at clinic” (The Guardian)

  • “[New York] City Council member funnels taxpayer dollars to anti-abortion clinic” (DocumentedNY)

• What’s going on with clinics and providers:

  • “An unintended consequence of some bills going through the legislature? Physicians not returning” (Wyoming Public Radio) — “Some bills” = abortion bans.

• What’s going on with abortion bans, legislation, and access at the state and local levels:

  • “Democrats build on midterm wins with new control of Pennsylvania House” (Vox) — Good news for abortion protections and bad news for a ballot measure against abortion rights.

  • “Arkansas Democrat files bill to allow legal abortions when fetus cannot survive outside the womb” (4029 News)

The Takes

• Physicians for Reproductive Health’s Kelsey Rhodes is in Public Notice explaining the stakes in the Texas FDA/mife suit: “There’s a bad case and a worst case. The bad case would be that the FDA is ordered to restrict mifepristone to being dispensed in person at clinics, thus eliminating medication abortion care using mifepristone via telehealth. Currently, people can access medication abortions in clinics, via telehealth, or manage them on their own. Kacsmaryk could issue a decision that would contradict the FDA’s decision to begin making mifepristone more available by mail and in pharmacies after being prescribed by a physician. The worst case would be the FDA would be forced to temporarily or permanently stop mifepristone’s distribution for the entire country.”

• The Columbia Journalism Review talks to Rewire News’ Galina Espinoza and Jessica Mason Pieklo about “how the press can improve its abortion coverage.”

The Tweets/Toks/Grams

• The shady anti-abortion group behind the FDA mifepristone lawsuit calls itself the “Alliance for Hippocratic Medicine,” so We Testify’s Renee Bracey Sherman tweets a history lesson on what Hippocrates actually said about abortion:

• @RHAVote tweets a thread on conversations about the 13th Amendment and abortion and the importance of recognizing that “forced pregnancy was foundational to chattel slavery.”

• Nebraska OBGYN Dr. Stephanie Gustin tweets a thread about so-called “exceptions” (they aren’t, of course) to the state’s proposed six-week abortion ban.

The Fuck Are We Supposed to Do About It?

• Amarillo: The Women’s March is organizing an event at the Potter County Courthouse (the venue for the FDA lawsuit that could suspend access to mifepristone) in Amarillo on Saturday, February 11th.

• Houston and online: Repro justice legal scholar Dorothy Roberts is giving the eighth annual Sissy Farenthold Lecture — titled “The Long Struggle to Abolish Reproductive Slavery” — at the Rothko Chapel on Wednesday, February 15th.

• Online: Learn about self-managed abortion support and care during the Midwest Access Coalition’s virtual training with Larada Lee-Wallace on Wednesday, February 15th.

• Texas: The Afiya Center’s #RJVoter advocacy week starts Tuesday, February 28th. Check out their Instagram for more, including a community forum, advocacy training, and an advocacy day.

• Anywhere: The Frontera Fund invites folks to write a “love letter” to support Texans traveling out of state to access abortion care. Everyone loves someone who’s had an abortion!

• Georgia: Sign the Amplify Georgia Collaborative’s petition to support the Georgia Reproductive Freedom Act.

• Anywhere: Use All Above All*’s online form to express your support for the EACH act in Congress.

• 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:

  • Physicians for Reproductive Health has updated guidance on discussing and reporting on later abortion care.

  • 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!

• From your wallet: The Valley Abortion Group is a new all-trimester abortion facility fundraising to open in New Mexico — donate to the GoFundMe here.

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.