A District Court in Maryland has 40 days to lift, modify or continue the order it previously made to allow the abortion medication mifepristone to be available through telehealth during the pandemic. The U.S. Supreme Court asked the lower court on Thursday to reconsider a case the American College of Obstetrics and Gynecologists (ACOG) brought against the Food and Drug Administration (FDA) over the summer. ACOG wants the FDA to allow mifepristone to be available for abortion care through telehealth during the pandemic. Although the FDA approved mifepristone 20 years ago for abortion care, the FDA continues to regulate it as if it were a dangerous drug. The FDA argued in court that people should have to continue to pick up mifepristone at a health care provider during the pandemic.
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.
While abortion access at the national level has come under greater assault in recent years, some nonprofit groups on the front lines for reproductive healthcare are providing what is known as “TelAbortions” to New Mexicans through a study. A TelAbortion has the potential to simplify the process of terminating a pregnancy and some advocates say it could be the way of the future. To qualify, the patient needs to be less than 10 weeks pregnant. Through video conferencing over an electronic device, the patient speaks with the study’s health provider. After establishing that the patient is less than 10 weeks pregnant, the patient receives the two pills necessary – mifepristone and misoprostol – through the mail.