The Supreme Court has upheld a pro-life ruled issued by President Donald Trump that will help save babies from abortions.
The Trump administration appealed a federal judge’s ruling that allows abortion facilities to send abortion drugs to women in the mail, potentially without ever seeing them in person for an exam. In July, U.S. District Judge Theodore Chuang, of Maryland, suspended a U.S. Food and Drug Administration safety rule for the abortion drug mifepristone after pro-abortion groups sued. They argued that the FDA should halt its requirement that the drug be provided in person because it would protect women from potential exposure to the coronavirus at an abortion facility.
The Trump administration appealed the initial ruling and said it would be safer for women to see a doctor first because the drug can kill or inure women in certain medical situations.
Today, the Supreme Court ruled 6-3 in Food and Drug Administration v. American College of Obstetricians and Gynecologists (FDA v. ACOG) that the Trump administration can enforce the pro-life rule and lifted a nationwide injunction against it. It granted the FDA request to reinstate enforcement for the “Elements to Assure Safe Use” in the Risk Evaluation Mitigation Strategy (REMS) for the chemical abortion pill mifepristone.
In the ruling, Chief Justice John Roberts said this was not a case about whether the rule imposed a supposed “undue burden” on women seeking abortions. Instead, he said it was about a lower court’s authority to block rules during the pandemic.
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Writing for herself and Justice Elena Kagan, Justice Sonia Sotomayor said women need to have easier access to end their babies’ lives in abortions.
“The FDA’s policy imposes an unnecessary, unjustifiable, irrational, and undue burden on a women seeking abortion during the current pandemic,” Sotomayor wrote.
Justice Stephen Breyer also dissented but didn’t join Sotomayor’s opinion. New conservative Justice Amy Coney Barrett joined with the other Republican-appointees on the high court.
Mifepristone is used to abort unborn babies up to 10 weeks of pregnancy. It is responsible for millions of unborn babies’ deaths in America.
The dangers of de-regulating the abortion drugs are serious, and the consequences are being seen in England. In March, the British government temporarily allowed the abortion drugs to be mail-ordered during the pandemic. By July, reports began to surface of women dying after taking the drugs. In another case, a woman who was 28-weeks pregnant allegedly received the abortion drugs in the mail and used them to abort her viable, late-term unborn baby.
In the United States, mifepristone has been linked to at least 24 women’s deaths and 4,000 serious complications. Risks of mifepristone and misoprostol, the most common abortion drugs taken together to abort and then expel an unborn baby from the womb, include excessive bleeding, severe abdominal pain, infection and hemorrhage.
A 2009 study “Immediate Complications After Medical Compared With Surgical Termination of Pregnancy,” in Obstetrics and Gynecology found a complication rate of approximately 20 percent for the abortion drugs compared to 5.6 percent for surgical abortions. Hemorrhages and incomplete abortions were among the most common complications.
Pro-abortion groups are not just aiming for a temporary suspension of the regulations either.
The plaintiffs insist that the COVID-19 outbreak is the reason for the suit, but in reality they are using the pandemic as cover to push for a policy they already wanted.
It is difficult to imagine that such a policy, if enacted, actually would be reversed when the COVID-19 outbreak dissipates. It is far easier to imagine that, if the policy were enacted and later reversed, the ACLU would then sue the government a second time. In fact, the ACLU already has a separate lawsuit pending against the Health and Human Services Department pushing to remove the safety regulations entirely.
The abortion drugs are used up to 10 weeks of pregnancy, and the FDA requires that they be provided in-person by a licensed medical professional. In-person exams are important for dating the pregnancy; the abortion drugs do not work well later in pregnancy and potentially could lead to more complications. Exams also can detect ectopic pregnancies, which can be deadly.
Even pro-abortion President Barack Obama did not entirely do away with the regulations for mifepristone. His administration did loosen the FDA regulations by allowing the drug to be prescribed later in pregnancy and allowing non-doctors to provide it, but it kept other regulations in place to protect women’s safety.
Pro-life leaders have been urging the U.S. Department of Health and Human Services to protect lives by keeping the safety regulations in place. They also have raised concerns about the abortion drugs being used for forced abortions. A Wisconsin man recently was accused of buying abortion drugs online and trying to force his girlfriend to take them.
The American Civil Liberties Union filed the lawsuit on behalf of the American College of Obstetricians and Gynecologists, New York State Academy of Family Physicians, SisterSong Women of Color Reproductive Justice Collective, and a doctor.