Pennsylvania joined nearly two dozen states Monday in a legal fight over how abortion medication can be prescribed. Gov. Josh Shapiro and Democratic officials from 21 states filed an amicus brief urging the reversal of a federal appeals court decision that restricts access to medication abortion by mail.
A New Orleans federal court ruled last week that the abortion pill mifepristone could be dispensed only in person at clinics, overriding longstanding guidance from the Food and Drug administration. The issue has already caught the attention of the Supreme Court, which issued a one-week pause on the order Monday after drug manufacturers filed emergency appeals.
In a release, Shapiro called the court order to block the mailing of abortion pills "a direct attack on women's health care and their ability to make decisions about their own bodies," and pledged to protect access to the medication.
"Mifepristone is a safe, effective medication that has been widely used for decades, but once again, anti-abortion advocates are pushing junk science and encouraging the courts to upend decades of research in their continued assault on a woman's freedom to choose," Shapiro said.
Medication abortions account for more than half of all abortions nationwide, according to the Guttmacher Institute, a research organization which supports abortion rights. Mifepristone is used in most medication abortions as part of a two-drug regimen with misoprostol. The combined regimen has been studied extensively and severe adverse reactions are rare.
But in what could be the most consequential reproductive rights case since the overturning of Roe v. Wade, the state of Louisiana argues that an FDA approval of telemedicine access to mifepristone undermines the state's near-total ban on abortions. Louisiana prohibits abortion at all stages of pregnancy, with limited exceptions to save the life of the mother.
Duncan, who was appointed by President Trump, ruled that the FDA should require mifepristone to be prescribed and given in person, but did not stipulate that such a change would be limited to Louisiana or set a timeline for its implementation — which likely made it effective immediately for all states.
The offices of 21 Democratic attorneys general filed a so-called "friend of the court" brief Monday, asking for the Fifth Circuit's ruling to be stayed. Shapiro joined the brief on behalf of Pennsylvania, which has a Republican attorney general.
Attorney General Dave Sunday's office did not respond to WESA's request for comment Monday. Still, it would not be the first time Sunday and Shapiro stood at odds over abortion. The two are on opposite sides of a case to overturn Pennsylvania's ban on Medicaid coverage of abortion.
In Monday's brief, officials argued that mandating the return of in-person prescriptions of mifepristone undermines the authority of lawmakers to regulate reproductive health in their own states and places "a federal thumb on the scale in favor of states that have made contrary policy choices."
Officials argued the cost of medication abortion is likely to "skyrocket" under an in-person requirement and such a change would disproportionately impact patients in rural areas with fewer clinics.
Supreme Court Justice Samuel Alito's order Monday blocked the appeals court decision from taking effect until May 11. Alito has also required all parties in the ongoing lawsuit to file briefs by May 7.
Shapiro stressed that abortion remains legal in Pennsylvania up to 24 weeks of gestation and beyond when necessary to protect the life of the mother or prevent serious bodily injury. Both procedural and medication abortion remain available in the state.
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