White House gets ready for ruling on fate of abortion pill
WASHINGTON — The Biden administration is preparing for a worst-case scenario if a conservative federal judge rules in favor of a lawsuit seeking to restrict access to one of the two drugs typically used to induce a medication abortion.
Two drugs, mifepristone and misoprostol, can be taken by women at home and are used for just over half of U.S. abortions. But that could be quickly changed by a lawsuit filed by an anti-abortion group in Texas that claims the Food and Drug Administration wrongly approved mifepristone for use more than 23 years ago.
The case is before a federal judge appointed by former President Donald Trump. A ruling in favor of the abortion opponents could immediately shut down the sale of the drug, but women would still have access to medicated abortions with a regimen of misoprostol.
Vice President Kamala Harris promised Friday that the White House would push back on efforts to ban the drug, as she gathered a group of nearly a dozen doctors and abortion rights advocates to discuss a plan for responding to the looming threat to access to medical abortions.
“There are now partisan and political attacks attempting to question the legitimacy of a group of scientists and doctors who have studied the significance of this drug,” Harris said. “There is now an attempt by politicians to remove it from the ability of doctors to prescribe and the ability of people to receive.”
The lawsuit against mifepristone was filed by the Alliance for Defending Freedom, which was also involved in the Mississippi case that led to Roe v. Wade being overturned in June.
Harris did not publicly lay out how the administration plans to respond if a ruling that halts the sale of the drug nationwide comes down.
Health and Human Services Secretary Xavier Becerra, meanwhile, was in California on Friday to meet leaders from Planned Parenthood to talk about access to the abortion drugs.
Clinics and telehealth providers have been preparing for a ruling that shuts down access to mifepristone, ordering more doses of misoprostol so they can offer medication abortions with just that one drug. They will have to change how they counsel patients, telling them that misoprostol-only abortions are slightly less effective and sometimes more painful than abortions done with both drugs.
Abortions using both drugs “can be as effective as 98% or more,” while misoprostol-only abortions are up to about 95% effective, said Melissa Grant, chief operating officer of the Carafem abortion clinic.
Mifepristone dilates the cervix and blocks the action of the hormone progesterone, which enables a pregnancy to continue. Misoprostol causes contractions that empty the uterus. Typically, mifepristone is taken orally first and misoprostol a day or two later.
Studies show medication abortions are safe and effective, though with a slightly lower success rate than ones done by procedure in a clinic.