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Can abortion pills overcome U.S. state bans?
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JAB
Jun 24, 2022, 11:06:49 PM6/24/22
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Can abortion pills overcome U.S. state bans?
Following the U.S. Supreme Court's June 24 ruling eliminating the
nationwide right to abortion that it had recognized nearly 50 years
ago in its landmark Roe v. Wade decision, demand for abortion pills,
which can be prescribed through online telemedicine visits, will
likely rise. However, medication abortion will not necessarily offer a
way for most women to avoid the stringent new abortion bans now
expected to pass in conservative states, experts say.
In a medication abortion, a patient takes a drug called mifepristone,
also known as RU-486, followed by a second drug called misoprostol, to
end a pregnancy rather than having a surgical procedure. Over half of
abortions in the United States are medication abortions, according to
the Guttmacher Institute, an abortion rights advocacy research group.
...
...
ARE THERE CURRENTLY LAWSUITS CHALLENGING STATE RESTRICTIONS ON
MEDICATION ABORTION?
Yes. GenBioPro Inc, a company that sells mifepristone, has already
challenged Mississippi's restrictions on prescribing abortion pills
via telemedicine by arguing that they are "preempted" by the FDA,
meaning that the federal approval of the drug overrides any state law.
There has not been a ruling in that case, which is pending in
Mississippi federal court.
https://www.reuters.com/world/us/can-abortion-pills-overcome-us-state-bans-2022-06-24/
Following the U.S. Supreme Court's June 24 ruling eliminating the
nationwide right to abortion that it had recognized nearly 50 years
ago in its landmark Roe v. Wade decision, demand for abortion pills,
which can be prescribed through online telemedicine visits, will
likely rise. However, medication abortion will not necessarily offer a
way for most women to avoid the stringent new abortion bans now
expected to pass in conservative states, experts say.
In a medication abortion, a patient takes a drug called mifepristone,
also known as RU-486, followed by a second drug called misoprostol, to
end a pregnancy rather than having a surgical procedure. Over half of
abortions in the United States are medication abortions, according to
the Guttmacher Institute, an abortion rights advocacy research group.
...
...
ARE THERE CURRENTLY LAWSUITS CHALLENGING STATE RESTRICTIONS ON
MEDICATION ABORTION?
Yes. GenBioPro Inc, a company that sells mifepristone, has already
challenged Mississippi's restrictions on prescribing abortion pills
via telemedicine by arguing that they are "preempted" by the FDA,
meaning that the federal approval of the drug overrides any state law.
There has not been a ruling in that case, which is pending in
Mississippi federal court.
https://www.reuters.com/world/us/can-abortion-pills-overcome-us-state-bans-2022-06-24/
JAB
Jun 25, 2022, 7:20:35 AM6/25/22
to
On Fri, 24 Jun 2022 21:06:58 -0600, JAB <he...@is.invalid> wrote:
>ARE THERE CURRENTLY LAWSUITS CHALLENGING STATE RESTRICTIONS ON
>MEDICATION ABORTION?
>
>Yes. GenBioPro Inc, a company that sells mifepristone, has already
>challenged Mississippi's restrictions on prescribing abortion pills
>via telemedicine by arguing that they are "preempted" by the FDA,
>meaning that the federal approval of the drug overrides any state law.
>There has not been a ruling in that case, which is pending in
>Mississippi federal court.
>
>https://www.reuters.com/world/us/can-abortion-pills-overcome-us-state-bans-2022-06-24/
Biden administration signals fight over medication abortion
>ARE THERE CURRENTLY LAWSUITS CHALLENGING STATE RESTRICTIONS ON
>MEDICATION ABORTION?
>
>Yes. GenBioPro Inc, a company that sells mifepristone, has already
>challenged Mississippi's restrictions on prescribing abortion pills
>via telemedicine by arguing that they are "preempted" by the FDA,
>meaning that the federal approval of the drug overrides any state law.
>There has not been a ruling in that case, which is pending in
>Mississippi federal court.
>
>https://www.reuters.com/world/us/can-abortion-pills-overcome-us-state-bans-2022-06-24/
President Joe Biden's administration indicated it will seek to prevent
states from banning a pill used for medication abortion in light of
the Supreme Court ruling overturning the landmark Roe v. Wade ruling,
signaling a major new legal fight.
The administration could argue in court that the U.S. Food and Drug
Administration's (FDA) approval of mifepristone, one of the pills used
for medication abortions, pre-empts state restrictions, meaning
federal authority outweighs any state action.
That same argument has already been raised by Las Vegas-based
GenBioPro Inc, which sells a generic version of the pill, in a lawsuit
challenging Mississippi's restrictions on medication abortion. read
more
https://www.reuters.com/world/us/next-us-abortion-battle-is-over-pills-its-already-begun-2022-05-26/
...
...
...
Attorney General Merrick Garland was more explicit about what Justice
Department is eyeing, saying in a statement: "States may not ban
mifepristone based on disagreement with the FDA's expert judgment
about its safety and efficacy."
https://www.reuters.com/world/us/biden-administration-signals-fight-over-medication-abortion-2022-06-25/
JAB
Jun 25, 2022, 12:40:01 PM6/25/22
to
The 'abortion pill' may treat dozens of diseases, but Roe reversal
might upend research
Mifepristone, the FDA-approved abortion drug, might also treat
conditions like cancer and PTSD. Proving it works in a post-Roe
landscape could be a challenge.
...
...
...
While mifepristone is most well-known for its use in medication
abortion, its potential uses go beyond ending early pregnancies.
That's because it has multiple biological effects, which explains why
it could work for conditions as unrelated as veterans with brain
injuries and pregnant women seeking abortions. In addition to blocking
progesterone, it also blocks the hormone cortisol.
Cortisol is often called the stress hormone, since it's released in
response to stress. But cortisol also plays a key role in regulating
blood pressure, blood sugar, metabolism, inflammation and sleep
cycles, meaning that too much cortisol can contribute to a host of
illnesses. Having a safe, effective way to block the receptors
cortisol needs in order to act on these systems has been valuable for
doctors who treat all sorts of conditions.
At a slightly higher dosage than the one approved for abortion,
mifepristone is also FDA-approved to treat Cushing's syndrome, a rare
disease marked by excess cortisol.
"It's a very good drug, and a very potent drug," said Dr. Atil Kargi,
an endocrinologist at the University of Miami who has been using
mifepristone to treat his patients with Cushing's syndrome since it
was first approved for that use in 2012. "And there's no long-term
toxicity that we're aware of."
https://www.nbcnews.com/health/health-news/abortion-pill-may-treat-dozens-diseases-roe-reversal-might-upend-resea-rcna34812
might upend research
Mifepristone, the FDA-approved abortion drug, might also treat
conditions like cancer and PTSD. Proving it works in a post-Roe
landscape could be a challenge.
...
...
...
While mifepristone is most well-known for its use in medication
abortion, its potential uses go beyond ending early pregnancies.
That's because it has multiple biological effects, which explains why
it could work for conditions as unrelated as veterans with brain
injuries and pregnant women seeking abortions. In addition to blocking
progesterone, it also blocks the hormone cortisol.
Cortisol is often called the stress hormone, since it's released in
response to stress. But cortisol also plays a key role in regulating
blood pressure, blood sugar, metabolism, inflammation and sleep
cycles, meaning that too much cortisol can contribute to a host of
illnesses. Having a safe, effective way to block the receptors
cortisol needs in order to act on these systems has been valuable for
doctors who treat all sorts of conditions.
At a slightly higher dosage than the one approved for abortion,
mifepristone is also FDA-approved to treat Cushing's syndrome, a rare
disease marked by excess cortisol.
"It's a very good drug, and a very potent drug," said Dr. Atil Kargi,
an endocrinologist at the University of Miami who has been using
mifepristone to treat his patients with Cushing's syndrome since it
was first approved for that use in 2012. "And there's no long-term
toxicity that we're aware of."
https://www.nbcnews.com/health/health-news/abortion-pill-may-treat-dozens-diseases-roe-reversal-might-upend-resea-rcna34812
JAB
Jun 25, 2022, 12:54:30 PM6/25/22
to
One of the few similar cases concerns an opioid that Massachusetts
tried to prohibit. A federal judge in 2014 ruled that federal approval
of the drug preempted the state's effort to ban it.
Legal experts say the law is murky because Congress has never said
explicitly that FDA approval trumps state law as it has done in the
context of medical devices. Therefore it would be left to courts to
decide the question under a theory known as "implied preemption."
https://www.reuters.com/world/us/next-us-abortion-battle-is-over-pills-its-already-begun-2022-05-26/
Federal Preemption
When state law and federal law conflict, federal law displaces, or
preempts, state law, due to the Supremacy Clause of the Constitution.
U.S. Const. art. VI., 2. Preemption applies regardless of whether the
conflicting laws come from legislatures, courts, administrative
agencies, or constitutions. For example, the Voting Rights Act, an act
of Congress, preempts state constitutions, and FDA regulations may
preempt state court judgments in cases involving prescription drugs.
Congress has preempted state regulation in many areas. In some cases,
such as medical devices, Congress preempted all state regulation. In
others, such as labels on prescription drugs, Congress allowed federal
regulatory agencies to set national minimum standards, but did not
preempt state regulations imposing more stringent standards than those
imposed by federal regulators. Where rules or regulations do not
clearly state whether or not preemption should apply, the Supreme
Court tries to follow lawmakers' intent, and prefers interpretations
that avoid preempting state laws.
https://www.law.cornell.edu/wex/preemption
tried to prohibit. A federal judge in 2014 ruled that federal approval
of the drug preempted the state's effort to ban it.
Legal experts say the law is murky because Congress has never said
explicitly that FDA approval trumps state law as it has done in the
context of medical devices. Therefore it would be left to courts to
decide the question under a theory known as "implied preemption."
https://www.reuters.com/world/us/next-us-abortion-battle-is-over-pills-its-already-begun-2022-05-26/
Federal Preemption
When state law and federal law conflict, federal law displaces, or
preempts, state law, due to the Supremacy Clause of the Constitution.
U.S. Const. art. VI., 2. Preemption applies regardless of whether the
conflicting laws come from legislatures, courts, administrative
agencies, or constitutions. For example, the Voting Rights Act, an act
of Congress, preempts state constitutions, and FDA regulations may
preempt state court judgments in cases involving prescription drugs.
Congress has preempted state regulation in many areas. In some cases,
such as medical devices, Congress preempted all state regulation. In
others, such as labels on prescription drugs, Congress allowed federal
regulatory agencies to set national minimum standards, but did not
preempt state regulations imposing more stringent standards than those
imposed by federal regulators. Where rules or regulations do not
clearly state whether or not preemption should apply, the Supreme
Court tries to follow lawmakers' intent, and prefers interpretations
that avoid preempting state laws.
https://www.law.cornell.edu/wex/preemption
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