Biden admin takes abortion pill battle to Supreme Court

Biden admin takes abortion pill battle to Supreme Court ( Tima Miroshnichenko/Pexels)

Joe Biden's Department of Justice wants to wield the U.S. Supreme Court to permanently reverse a previous court ruling that would limit access to the deadly abortion pill. 

On August 16, the 5th U.S. Circuit Court of Appeals in New Orleans shut down the FDA's deregulation of mifepristone in a 93-page ruling

This decision would cut off the supply of the drug traveling through the mail. The ruling stated it instead needed to be given in the presence of a physician. The three-judge panel also declared the drug cannot be used past the seventh week of pregnancy, where it was originally through the 10th week.

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The abortion pill is a two-drug process involving mifepristone and misoprostol: One pill blocks the unborn baby from receiving the hormones it needs to survive. The second one causes the woman’s body to begin cramping and contracting, leading her to deliver her deceased child. 

Pro-life and pregnancy help advocate have long warned about the risks posed to women by chemical abortion pills. The 5th Circuit recognized the concern.

"In loosening mifepristone's safety restrictions, the FDA failed to address several important concerns about whether the drug would be safe for the women who use it," Judge Jennifer Walker Elrod wrote as part of the decision.

The Biden administration has asked the Supreme Court to review the 5th Circuit’s decision, and the ban on the FDA’s loosening for safety rules surround the abortion pill remains on hold while the federal government’s appeal to the Supreme Court is in progress. And now the fight is on to see whether the ruling from the 5th U.S. Circuit Court of Appeals will eventually prevail or be tossed aside. 

The case will likely be heard in the spring of next year, just as the election process starts to heat up even more. 

In the meantime, pro-abortion politicians and members of the media continue to champion the pill's availability by mail. But it should be noted that this is illegal. 

In a letter earlier this year, Missouri Attorney General Andrew Bailey, along with 20 state attorneys general, sent a letter to both CVS and Walgreens, letting them know their plan to mail the abortion medication is both against the law and unsafe. 

The letter reads in part:

"First, many people are not aware that federal law expressly prohibits using the mail to send or receive any drug that will 'be used or applied for producing abortion.' 18 U.S.C. § 1461. Although many people are unfamiliar with this statute because it has not been amended in a few decades, the text could not be clearer: 'every article or thing designed, adapted, or intended for producing abortion ... shall not be conveyed in the mails.' And anyone who "knowingly takes any such thing from the mails for the purpose of circulating" is guilty of a federal crime. Obviously, a federal criminal law—especially one that is, as here, enforceable through a private right of action—deserves serious contemplation."

Tweet This: Pro-abortion politicians and the media continue to champion the abortion pill's availability by mail. But this is illegal.

Marjorie Dannenfelser, president of Susan B Anthony Pro-Life America, said in a statement on claims that mail-order abortion pills are safe that anyone obscuring reality on this is setting women up to suffer.

"What women aren't told about the risks of DIY abortion pills can seriously harm them, including complications like hemorrhage, infection, need for surgery or even death," she stated. "With no doctor in the room or even in the same state, there is no way to be sure how far along a woman's pregnancy is, or screen for ectopic pregnancy that puts her at 30% greater risk of dying than if she had not undergone abortion."

"Biden and the Democrats show no concern for women's safety or respect for the law and the will of the people," Dannenfelser added. "They are determined to impose their extreme abortion agenda at all costs, with no protections for women or children."

The president of the largest network of pregnancy help organizations in the U.S. and the world strongly affirms the appeals court’s ruling and hopes it remains upheld.

“Women should be able to trust the FDA to be more interested in their safety than protecting profits of the abortion industry,” said Jor-El Godsey, president of Heartbeat International. “The court is right to scold the FDA for changing rules to put more women at risk of the dangers of mifepristone. Women deserve better from our government." 

Editor's note: Heartbeat International manages Pregnancy Help News.

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