The U.S. Health and Human Services Department and the American Civil Liberties Union agreed to put a lawsuit on hold late last week that could have longer term implications for the abortion medication mifepristone. On Friday the HHS, which oversees the Food and Drug Administration, filed in Hawaii district court a request to stay a lawsuit that has been ongoing around mifepristone since 2017. The ACLU, which also filed for the stay, is suing the U.S. Health and Human Services on behalf of a Hawaii clinician. The ACLU and the Hawaii clinician are suing because the FDA’s in-person pickup requirement for mifepristone requires patients in Hawaii to have to fly between islands to receive a single pill. Once a patient has picked up mifepristone at a clinic, they can go home to take it. The FDA requires abortion patients to travel to a clinic to pick up mifepristone because the abortion medication is under the FDA’s Risk Evaluation and Mitigation Strategies (REMS), drug safety program intended for medications with serious safety concerns.
Mifepristone has been in the FDA’s REMS program since the FDA approved the prescription drug in 2000.
After a year of legal fighting over mifepristone, the Food and Drug Administration has reversed itself, allowing the abortion medication to be prescribed during the COVID-19 pandemic through telehealth. The FDA, under the Donald Trump administration, would not allow mifepristone to be prescribed through telehealth, citing safety concerns, during the COVID-19 pandemic. Because of 20-year-old regulations around mifepristone, patients are normally required to travel to a clinic to pick up the pill. But, the pill can be safely taken at home. In the spring of 2020, after the COVID-19 pandemic began, the American Civil Liberties Union (ACLU) sued the FDA on behalf of the American College of Obstetrics and Gynecologists (ACOG).
With a new set of members in the state Senate, a bill to repeal the New Mexico 1969 abortion ban is expected to be filed in the upcoming New Mexico Legislature. Six Democrats who support abortion rights beat Republicans in November, in some cases after defeating anti-abortion Democrats in June’s primary, for state Senate seats, tipping the balance of power further to the left in the upper chamber. The state Senate defeated the 2019 effort to repeal the antiquated state law that bans abortion with few exceptions. Related: State Senate shifts left with progressive wins
Of the eight Democrats who sided with Republicans on the repeal vote two years ago, only two remain: state Sen. George Muñoz, D-Gallup, and state Sen. Pete Campos, D-Las Vegas. Incoming state Senators Carrie Hamblen, Siah Correa Hemphill and Leo Jaramillo, all progressive Democrats who ran on reproductive health, defeated their incumbent Democrat opponents in the primary and then won again in November against their Republican challengers.
President-elect Joe Biden made COVID-19 a linchpin of his campaign, criticizing President Donald Trump’s leadership on everything from masks and packed campaign rallies to vaccines. That was the easy part. Biden now has the urgent job of filling top health care positions in his administration to help restore public trust in science-driven institutions Trump repeatedly undermined, and oversee the rollout of several coronavirus vaccines to a skeptical public who fear they were rushed for political expediency. At the top of that list is a new commissioner of the Food and Drug Administration, an agency where Biden faces immense pressure to move faster than any other modern president as the pandemic rages and COVID deaths are expected to surge through the winter. That agency and its beleaguered personnel will be relied on to give the green light to vaccines and therapeutics to fight the COVID pandemic.
The first reproductive rights test for the U.S. Supreme Court since Justice Ruth Bader Ginsburg’s death will likely be the court battle over whether people should be able to access the medication mifepristone for abortion through telehealth. The Federal Drug Administration (FDA) requested the U.S. Supreme Court to stay a lower court’s decision to enable women to receive mifepristone through telehealth during the pandemic. Prior to the pandemic, people had to travel—in some cases hundreds of miles—to a clinic to receive the medication. But, patients do not have to take the medication at the clinic. They can return home to take it in the privacy of their homes.
The American College of Obstetricians and Gynecologists (ACOG) and other partners sought—and received—a preliminary injunction this summer from a Maryland judge barring the FDA from enforcing its in-person requirement to receive mifepristone.
A Maryland judge ruled last week that an abortion provider can deliver the abortion medication, mifepristone, to patients seeking abortion care through telehealth. But the court injunction is “temporary in nature,” Wendy Basgall, Southwest Women’s Law Center staff attorney, said. The American Civil Liberties Union sought a preliminary injunction, which the judge granted. But it only lasts while the U.S. Secretary of Health and Human Services’ declaration of a federal public health emergency is in effect. Mifepristone is one of two medications that an abortion patient takes for a medical abortion.
New Mexico is one of two states – the other is New York – that meets the gating criteria set by the White House for reopening, according to a group of public health and crisis experts. A website called covidexitstrategy.org is mapping the state-by-state response to reopening and, according to the map, only New Mexico and New York meet the gating criteria established by the U.S. Centers for Disease Control and Prevention. The organization is made up of public health and crisis experts who are nonpartisan and worked at the federal level during the Ebola epidemic in West Africa, according to the site. The criteria include things like the number of ICU beds available and the downward trajectory of documented cases within a 14-day period. Dr. David Scrase, New Mexico’s secretary of the Health and Human Services Department, talked about the map and New Mexico’s criteria for reopening during a town hall meeting broadcast live through social media Wednesday along with Dr. Richard Larson, vice chancellor for research with the University of New Mexico Health Science.
Since the beginning of the pandemic, more people are seeking abortion through telemedicine than ever before in New Mexico. Though the numbers are still small, the increase is significant, according to Neta Meltzer, director of strategic communications at Planned Parenthood of the Rocky Mountains (PPRM). Meltzer wrote in an email that prior to the public health emergency, PPRM enrolled 10 patients from New Mexico into the study over the course of about a year. But in March of 2020 alone, the nonprofit screened 14 patients who were interested, and enrolled eight in that month. “The need for abortion care does not disappear in the midst of a global pandemic,” Meltzer wrote.
Martin Heinrich was one of 13 Democratic U.S. senators who voted against legislation earlier this week that would have allowed Americans to buy prescription drugs from other countries. The measure, a health care reform idea often supported by progressives, came as an amendment to legislation aimed at changing Senate rules to allow majority votes on budget bills. The procedural changes, which the Senate narrowly approved in the early hours of Thursday, are the first step in Republican plans to repeal as much of the Affordable Care Act, known as Obamacare, as they can. Bernie Sanders, the Vermont independent senator who unsuccessfully ran for the Democratic Party presidential nomination last year, sponsored the amendment with Sen. Amy Klobuchar, D-Minnesota. Senators rejected the amendment on a 52-48 margin, with 12 Republicans casting their votes in favor.
In the coming weeks and months the Food and Drug Administration (FDA) is scheduled to exercise its right given to them by the 2009 Tobacco Control Act and regulate e-cigarette and vapor products. I applaud responsible and promotional regulation. And responsible regulation in my opinion should strive at all times to strike a balance between consumer and manufacturer. And for that reason I am writing this piece today. Jerry Apodaca served as the 24th Governor of New Mexico, from 1975-1979.