The Federal Drug Administration ruled on Thursday that it would permanently lift restrictions around abortion patients receiving medication abortion by mail. This means, for instance, that abortion patients who live in places such as rural New Mexico can receive mifepristone, the first of the two-drug abortion regime, by mail. The FDA has maintained a restriction on in-person pickup of mifepristone at a clinic since the agency approved the drug for abortion 21 years ago. Reproductive experts have said that was a political move as, after 21 years, there were clear indications that taking medication abortion up to 10 weeks of gestation is safe. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said by text message that the FDA’s decision is “good news” for patients but some restrictions for clinics still apply.
The U.S. Supreme Court announced on Friday it would hear oral arguments regarding a restrictive Texas anti-abortion law on Nov. 1. But, on the same date, Oklahoma is expected to enact three highly restriction abortion laws. The laws are medically unnecessary, Adrienne Mansanares, chief experience officer of Planned Parenthood of the Rocky Mountains, told NM Political Report. Reproductive rights groups have sued Oklahoma and, while a judge struck down two of the original five anti-abortion laws earlier in October, the courts are still considering the other three under appeal.
An incarcerated woman in New Mexico filed suit last month against the state Department of Corrections after officials allegedly discontinued her prescription for methadone. The American Civil Liberties Union of New Mexico filed an emergency injunctive relief on Monday in federal court for a plaintiff known as “S.B.” who suffers from opioid use disorder. She relies on doctor-prescribed methadone as part of her active recovery from heroin addiction, according to the complaint. The NMDC bans the use of methadone and other Federal Drug Administration approved medications for addiction treatment (MAT) for most prisoners, according to the complaint. Eric Harrison, public information officer for NMDC, said the department could not comment on active litigation and said that S.B. is not in NMDC custody.
The U.S. Supreme Court ruled Tuesday to reinstate restrictions on the a medication abortion pill that allowed patients to receive it through the mail during the pandemic. The justices ruled 7 to 2 on the decision in favor of the U.S. Federal Drug Administration. The FDA has maintained a rule that a patient must travel to a clinic to pick up the abortion pill mifepristone for the past 20 years when the drug first came onto the market. Reproductive advocates and experts have said that is politically motivated. The patient can take the pill in a place of their own choosing.
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.
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.