San Francisco Chronicle

Newsom joins push for abortion pill

- By Bob Egelko Reach Bob Egelko: begelko@sfchronicl­e.com; Twitter: @BobEgelko

Governors of California and other Democratic-led states urged the Supreme Court on Tuesday to maintain women’s access to the pills used in more than half of all U.S. abortions, saying a ban or restrictio­ns on mifepristo­ne would harm women and their states and would protect no one.

“Significan­tly reducing access to mifepristo­ne will not make patients safer — it will only add extreme burdens to healthcare providers, patients, state medical systems, and those responsibl­e for safeguardi­ng public health and safety,” the governors of 21 states and the territory of Guam said in a filing with the court.

The court will hear arguments on March 26 in a suit by a group of antiaborti­on doctors who recently challenged the U.S. Food and Drug Administra­tion’s 2000 decision that found mifepristo­ne to be safe and effective. Their suit also contested the FDA’s later decisions to allow the pills to be used in up to 10 weeks of pregnancy rather than seven, to be prescribed by a medical profession­al who is not a doctor and to be prescribed and delivered by mail rather than in person at the doctor’s office.

In June 2022, the Supreme Court overturned the constituti­onal right to abortion that it had establishe­d in January 1973. But the court has allowed mifepristo­ne to remain available by mail under the FDA’s standards while it considers the case, with a ruling due by the end of June.

Mifepristo­ne and a second pill, misoprosto­l, are more than 99% effective in terminatin­g a pregnancy. According to the FDA and most health care researcher­s, they rarely have side effects and are far safer than giving birth.

Lower-court orders in the case did not bar misoprosto­l, which is about 85% effective by itself in ending a pregnancy but can have side effects such as pain and bleeding. The challenge to mifepristo­ne was enabled by U.S. District Judge Matthew Kacsmaryk of Texas, an appointee of former President Donald Trump, who said doctors who did not perform abortions themselves could claim harm from the impact the pills allegedly cause in the health care system.

The 22 governors, who call themselves the Reproducti­ve Freedom Alliance, denounced that decision and its impacts in Tuesday’s Supreme Court filing.

“If a single court can invalidate those FDA decisions nationwide based on a flimsy challenge from a group of doctors who do not even prescribe mifepristo­ne, the effect will be seismic — creating unpreceden­ted publicheal­th challenges that Reproducti­ve Freedom Alliance Governors will have no realistic ability to address and that will harm doctors and patients across the country,” lawyers for the governors told the court.

They said studies have shown that mifepristo­ne is safer than prescripti­on drugs such as penicillin and Viagra and over-thecounter medication­s such as Tylenol.

As conservati­ve-led states acted to restrict or ban abortion, the governors said, abortions in the remaining states increased by an average of 9,733 per month in the year after the 2022 ruling. States where abortion is legal have been stockpilin­g abortion pills, and California added more than $200 million in abortionre­lated funding in 202223, the filing noted.

Restrictin­g access to mifepristo­ne in the wake of the 2022 abortion ruling would cause “harm all around,” the governors told the court: “harm to women, particular­ly rural and low-income women, who will be required to visit in-person clinics simply to take a prescripti­on medication, or may not be able to access mifepristo­ne for abortion or miscarriag­e management at all; harm to providers, clinics, and health systems, who will be overwhelme­d with demand; harm to Governors, whose critical tools to safeguard public health will be unnecessar­ily curbed; and harm to the public fisc, which will bear the brunt of many of the economic costs.”

The case is FDA v. Alliance for Hippocrati­c Medicine, No. 23-235.

“Significan­tly reducing access to mifepristo­ne will not make patients safer ...” Reproducti­ve Freedom Alliance court filing

 ?? Rich Pedroncell­i/Associated Press 2022 ?? Gov. Gavin Newsom and 21 other governors, dubbed the Reproducti­ve Freedom Alliance, are urging the U.S. Supreme Court to keep access to mifepristo­ne.
Rich Pedroncell­i/Associated Press 2022 Gov. Gavin Newsom and 21 other governors, dubbed the Reproducti­ve Freedom Alliance, are urging the U.S. Supreme Court to keep access to mifepristo­ne.

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