The government may argue in court that the FDA approval of mifepristone – used for drug abortion – precedes state restrictions, meaning that federal authority takes precedence over any state action.
THE government of Joe Biden hinted that it would seek to prevent states from banning a pill used to terminate a pregnancy in the wake of yesterday’s move by the Supreme Court of USA to overturn the landmark decision of 1973 in the Rowe v. Wade case, anticipating a major new legal dispute.
The government may argue in court that the US Food and Drug Administration (FDA) approval of mifepristone – one of the pills used for drug abortion – precedes state restrictions, meaning federal power prevails. of any state actions.
The same argument has already been used by Las Vegas-based GenBioPro Inc, which sells a generic of this pill in a lawsuit aimed at challenging Mississippi state restrictions on pharmaceuticals. termination of pregnancyς.
More than 12 states ready to ban abortions altogether
More than 12 states are planning an almost universal ban on abortion following yesterday’s ruling by the Supreme Court.
The US Supreme Court overturned the landmark decision of 1973 yesterday in the “Row v. Wade” case, which recognized the constitutional right of women to abortion and legitimized it throughout the country, giving a major victory to Republicans and conservative religious people who want to restrict or ban the procedure.
By a 6-3 vote for the Conservative majority, the court upheld the Republican-backed Mississippi law banning abortion after the 15th week of pregnancy. The judges ruled that the Row v. Wade ruling, which allowed abortions before the fetus became viable outside the womb – between the 24th and 28th week of pregnancy – was wrong because the US Constitution makes no specific reference to abortion rights.
States may face other difficulties in their efforts to impose restrictions on abortion because women will continue to be able to obtain the pills online or from other states.
Biden: We will do everything we can to protect women
In comments after yesterday’s decision, President Biden said his government will seek to protect access to drug abortion and that efforts to contain it would be “wrong, extreme and out of touch with the majority of Americans.”
Justice Secretary Merrick Garland was clearer about what his ministry expects, saying in a statement: “States will not be able to ban mifepristone based on disagreement with FDA experts’ judgment on its safety and effectiveness.” .
Mifepristone was approved for use in abortions by the FDA in 2000, shortly after the Rowe-Wade case in 1973. The pill, also known as RU 486, blocks the production of the hormone progesterone, which maintains pregnancy, while the other drug, which used – misoprostol – causes uterine contractions.
Even before yesterday’s decision, states imposed restrictions on access to the pill. In 19 states it is mandatory for a woman to see a doctor to get it, according to the Guttmacher Institute, a research organization that supports the right to abortion.
The FDA does not require a visit from the person concerned.
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