Greater use of drugs, access to travel render pending state legislative actions limited
If the Supreme Court is, in fact, going to overturn the 1973 Roe v. Wade decision by the time its term ends in late June and allow states to regulate the practice, the ruling will, for practical purposes, not impact most abortions in the U.S.
According to the pro-abortion rights Alan Guttmacher Institute, about 54 percent of all abortions in the U.S. are done through drugs, not surgery, notably, the abortifacient Mifeprex (generic name mifepristone and often called RU-486, its experimental name). In 2017, it was 39 percent.
Guttmacher uses surveys to estimate abortion rates, but their estimates are not far off from reported surgical vs. drug-induced abortions counted by the Center for Disease Control and Prevention.
For 2019, 566,378 abortions were reported from the states, and about 277,000 were induced by drugs (i.e., Mifeprex).
This excellent article from the Kaiser Family Foundation from early April estimates about 2.75 million drug-induced abortions since FDA approved Mifeprex in 2000. Its use in abortions is clearly growing. The highest number of abortions reported for all time was in 1990 – about 1.6 million.
Mifeprex is approved for use in abortions at 10 weeks of pregnancy. On Dec. 16, 2021, the FDA removed the in-person dispensing requirement for mifepristone and expanded the distribution to certified pharmacies in addition to certified clinicians. This change allows for distribution of medication abortion by mail in states that do not restrict telehealth for medication abortion. Despite the change to the in-person requirement, prescribers are still required to be certified by the manufacturers
As a result, FDA has liberalized the drug’s use in recent years, and state legislatures are powerless to stop the use of the drug. They can regulate which providers prescribe it, as do 33 states, but cannot outright ban the product, at least without a serious court challenge.
That’s because the interstate sale of prescription and over the counter drugs is protected under the Constitution’s ” Commerce Clause, which allows laws passed by the federal government to override state laws that affect interstate commerce.
Congress has asserted federal control over the approval and distribution of prescription and over the counter drugs via the 1938 Food, Drug and Cosmetic Act, and a number of subsequent amendments. The drug industry – which has some of the best lobbyists money can buy – has successfully been able to ensure federal “pre-emption” of a panoply of efforts by states to ban Rx and OTC drugs. Big Pharma would likely put an army of lawyers on any state that tries to curtail the use of abortion drugs or any other medical product.
Noah Feldman, a liberal pro-abortion rights professor at Harvard Law School, agrees in this opinion piece on Bloomberg and the Washington Post from early April: “The constitutional justification for this federal authority is that drugs affect interstate commerce. .. Congress and the FDA have occupied the field of drug regulation, thus preempting states from legislating in a way that bars a drug approved by the federal government.”
Although the Guttmacher Institute notes that up to 26 states could adopt some restrictions on abortion if Roe is overturned, the reality is that 24 states (largely more populous and with liberal legislatures) will not restrict abortion. In addition, in the 12 or so “Red states” that have not adopted anything yet, but may have dormant laws from pre-1973, many will limit abortion to the three-pronged “save the life of the mother, rape, incest” line. So, this can exempt a lot of surgical abortions from restrictions.
Pro-abortion rights groups are already discussing providing transportation to poor women who have to go across state lines to get a surgical abortion. Feldman writes: “Some states are going to try to bar travel for abortion purposes, but such bans are likely to be held unconstitutional even by the current court.”
But according to an April 12 article in ValuePenguin, which monitors auto insurance issues, about 91.5 percent of the U.S. population has access to a car. Car ownership rates are the lowest in states like New York, Illinois or the District of Columbia, which are not likely to restrict abortions at all.
In contrast, in 1970, three years before Roe was decided, about 18% of the U.S. population did not own cars, The costs of travel to the few states that allowed abortion back then was a major driver of the effort to legalize the procedure nationwide and obviate the “back alleys.”
According to the latest CDC data, over the past 10 years, approximately three fourths of abortions were performed at under 9 weeks’ gestation, and this percentage increased from 74.8% in 2010 to 77.4% in 2019. Planned Parenthood, the abortion rights group, acknowledged this in one of their pamphlets, noting only 8% of abortions are conducted beyond 13 weeks of pregnancy, when a surgical abortion is the only option. This amounts to about 48,000 women, based on current statistics, and many of them live in states with liberal abortion laws – or can easily get to a state like that.
Hence, it is fiction and political posturing to say that women in need will have to return to the back alleys and coat hangers to induce abortion. But, I suppose it makes for higher news ratings, viewership and gins up donations for both camps.
But based on the facts, it would seem abortion will continue to occur in the U.S. whether Roe is repealed or not.
44 comments
Ken, as you know, Israel has a very liberal abortion policy that is about to get even more liberal. Canada does also. I know of no Scripture that supports the ideology of the rabid anti abortion wac jobs. Because, they do not have any, except that which has been planted in their minds. And, there is no Scripture that supports the Ralph Norham “murder for hire” abortion doctrine ideology either. That being delivering the baby, clean it up, feed, have a conference about “it”, then murder “it”. What we are stuck with here is two opposing groups both with a rabid, beyond cure, mental illness.
Laughs. ? The anti abortion gang will simply not stop and just go away, even if victory is obtained at the SCOTUS level. They, being led by Catholicism, after ending Roe will only move on with their attempt to enforce Catholic BS Doctrine and fake enforced self righteousness at the state level, and then, also attempt through various means to stop contraceptive birth control, including even condom use, pills, at all levels.
You have a Catholic President, Catholic SCOTUS, Catholic Speaker of the House, they will never stop with their phony baloney, forced and faux, Satanic led, brand of forced fake religion, not even remotely supported by sound Biblical teaching.
While the never ending abortion gang fiasco con job fight is going on, President Brandon has the world by their balls, possibly on the verge of a nuclear encounter with Russia. All made possible by corruption based deficit spending. Inflation is beyond out of control, fueled by deficit spending. Even baby formula is now unobtainable, likely because of Covid in China. Covid likely also a product of US based deficit spending.
Stay tuned.
Just curious — did you read the article I wrote and see the facts I presented? Any comment on that?
Yes. What I am saying, the abortion radicals on both sides are never going to stop. The right getting rid of Roe is just the opening of the door. All the other stuff about Commerce Clause stopping the states chemical abortions. they will find a way to crumble that. As long as even a cockroach can get an an abortion the right will never sleep. The states will legislate beyond reality, such as Texas has. The left will head right back to the overwhelmingly controlled Catholic controlled SCOTUS. SCOTUS HAS TO KNOW WHAT IS COMING IN THE FUTURE.
If will be very interesting to see how much cash the drug lobby you speak of will throw at Congress and the WH in order to stop the crazies. I do not believe that even the drug companies can stop the Vatican and their lobby. The Vatican has the loot to throw also.
All this abortion stuff is such waste. I think Dems mite increase the judges on SCOTUS. They really have no choice if they want to keep abortion. Republicans will then retaliate.
Great article. I’m not Jewish, but could I still immigrate to Israel?
Abortion has existed for thousands of years. A law or change in law wont stop it. However, it doesn’t have to be celebrated – and that is what the pro abortion lobby advocates.
Thanks, ImpachBrandon! You should submit an article for TBE. Big Pharma is not going to get into the middle of this issue UNLESS a state passes, or tries to pass, a law restricting the marketing of Mifeprex, or other drugs, BEYOND what FDA has restricted. But they will do that to prevent a legal precedent that would enable states to curtail products sold in interstate commerce (i..e the Commerce Clause). The industry did this with Proposition 65 in California, which was adopted in 1986 by the voters. This requires any product (medical or otherwise) to bear a warning if the product is deemed to cause cancer. The intent was for pesticides, but it also includes medical products. So,a few companies went to court to get safe harbors and they won. Many many Rx and OTC drugs can be deemed carcinogenic. Courts sided with them and while drugs are still coverd by the law, there’s a safe harbor based on what hte courts ruled.
Why do liberals have such a problem understanding that the US Supreme Court interprets the law? The Supreme Court doesn’t claim that abortion is good or bad, only that there is no right to abortion in the US Constitution. They also don’t claim that there is a prohibition to abortion in the US Constitution. The Supremes have pushed the debate to where it belongs – in the national and state legislatures.
Correct. States license doctors, PAs, pharmacists, nurses and hospitals and clinics. They can regulate the “practice of medicine,: but Roe barred states from doing that with this one medical procedure, and the surgical abortion (as I noted) is now a minority of abortions. FDA regulates interstate drug sales so states have not implemented any real restrictions other than requiring only MDs to prescribe or barring telemedicine counseling. They cannot limit use of Mifeprex to “rape, incest or to protect the life of hte mother>” . But liberals love horror stories and drama. Like they did in the 70s, they will overdramatize the few “back alley abortions” if they even happen. Since most of these poorer women are dependant on the welfare state, they will likely turn to the agencies for help if they are pregnant, and those folks are not going to recommend coat hangers.
I kinda laughed when I read your comment. The 1973 Supreme Court was not hand-picked by a political party with one singular purpose in mind, that being to end abortion or rule in support of abortion. The current Scotus has been custom appointed with one purpose by the Republican party, that being to end abortion. And if the opportunity presents the Democrats will do anything to keep abortion. Over 2/3 of the current justices now are Catholic. A religion with a signature goal of being anti abortion and I believe also anti contraceptive.
SCOTUS is not what it appears to be. They are now a political entity just like everything else inside the beltway.
And, they now know exactly who the abortion draft leaker is, but why have they not told us? Why not? And, on another subject, why is our crooked media not asking people in Ukraine if they support the war and Zelensky? Where is the opposition political party in Ukraine? Our media is now a propaganda organization. Designed to manipulate rather than report news.
Best wishes.
My God… the voice of reality. Exactly. If you want to codify abortion one way or another… then it is up to the legislature to do so. It is not the place inside the Constitutional framework for a judge to create a law. And the morons who come here… Erica and Dunghead Martin can’t seem to get this concept. If they want abortion… win elections and pass laws… OR if you want to make it a right… AMEND THE Constitution you dumbasses… I am referring to the likes of Martin, Erica and their sisters in the handmaiden society…
Those two boomer morons are living in the past anyway… day after pills etc have changed the landscape for most of their moronic view. I feel sorry for the next generations who have to live with the reality that those morons are creating for them… Seen the market implosions today… the devaluing of the dollar etc that Boomers have left the future?
Joker — you hit the nail on the head. It is the job of the “legislature” do regulate abortion, for or against. Congress never enacted a federal law allowing it, and in fact, in 1978, prohibited it for Medicaid. and, isn’t it interesting that the Hyde Amendment was never overturned by teh courts? What]’s also interesting is the Supreme court had to deal with subsequent cases on whther states could do this or that with abortion, i.e., limiting it in the 2nd and 3d trimesters — which these days is maybe (at most) 15% of all abortions So, what the Burger court should have done was punted this to Congress, and they didn’t, thinking they were going to set another landmark decision in the cause of freedom. Well, instead, it bred divisiveness and conflict for the next 45 years what this court is going to do , if they (in fact) repeal Roe, is to put a mark on “originalism,” in other words, the court is NOT there to legislate, but to determine constitutional issues! And, even RGB , the liberal heroine, said the High Court had no business deciding abortion.
That was Norma McCorvey’s problem in the early 70s (she was Jane Roe) and other poor women, which is a major reason that led the Burger court to decide what it did in 1973. That is not the case now. Today, as I noted above, 91/5% of Americans have access to a car! If they cannot abort with drugs, or don’t wish to, they can go to another state. the states with the lowest number of car owners are Blue states like NY, NJ, Mass, IL and Pennsylvania, which are not going to curtail abortion. And, as I also noted, abortion rights groups will pay for travel for the most needy.. Early detection of pregnancy via advancements in diagnostic tests and ultrasound have made 2nd and 3d trimester abortions very rare, and as i noted above, Mifeprex is available by mail order and for use up to 10 weeks of pregnancy. I really think whatever the Supremes decide is not going to make a big difference.
Even before Roe is overturned, Texan women need to travel an average of 500 miles for an abortion under the current state law. They (the poorest) don’t get paid time off for medical leave and hotel and associated expenses make it unaffordable to most. There will be those who opt for less safe ways to terminate their pregnancies. Now add to this the fact that Oklahoma, Louisiana, and many of the surrounding Conservative states will have similar laws and that 500 miles just became 1000 or more. You are smoking some good stuff if you think this will have no impact…. and that impact will fall on the poor… Conservative Christians will always pay for their mistresses to go get their abortions so no worries there…
You can get abortion on demand pills through the mail. They are as much as 98 to 100 percent effective if taken with two doses up to 11 weeks. This info is from planned parenthood. So essentially any woman with access to a telephone can get the pills and usually free if need be. These demonstrations are simply political theater by the radical left.
One other point, of the million abortions done per year, only about 4% are associated with rape, incest or health of the mother. In other words, the rest are for convenience. Then let’s take the effectiveness of the morning after pill – about 90% effective so now we are down to 4000 abortions that are needed. Finally, if planned parenthood is correct, worst case is 98% effective up to 11 weeks. Thus, only 8 pregnancies based on actual need could potentially require some type of surgical procedure. There are 15 times more pro-abortionists at one of these rallies than there are individuals needing an abortion.
Not true in Tennessee and likely will not be true soon across the south. You can not just mail order abortive meds everywhere and it will get more restrictive.
Now that is funny. Illegal drugs pour across the border and the law, at best, has been able to slow it down. Gads, you are stupid.
Eric — please outline what you mean by theTennessee law and what you “fear” wll happen across the south vis-a-vis abortion meds?
Ken, is your google broke? Here you go:
Tennessee will soon strictly regulate the dispensing of abortion pills, including imposing harsh penalties on doctors who violate them, under legislation recently signed into law by Republican Gov. Bill Lee.
The measure, which Lee signed on Thursday, will go into effect Jan. 1, 2023. Once enacted, a medical clinician will be required to be physically present when abortion pills are administered to a patient even though federal regulations now allow mail delivery nationwide.
To date, 19 states have placed strict restrictions on accessing medication abortion. Under the Tennessee version, delivery of abortion pills by mail would be outlawed and anyone who wanted to use abortion pills would be required to twice go to a doctor for supervision of administration of the two doses of medication.
If you think this is going to stay in Tennessee you are again smoking some good stuff!!
The way this drug works, I would think it woulld be helpful having a competent medical professional guide the patient because if she aborts upon taking it, dont you think it;s better that happens in a medical office or clinic vs her home, car or on her job? But if FDA allows mail order and enough states try to block it, either the justice dept. or the company, Danco Labs, will go to court to pre-empt it. Historically, the drug industry has been very effective in preventing states from interfering with their distribution. Again, these “impositions” do not bar the prescribing of the medication these media articles you cite are designed to instill fear and hysteria . Take a step back and look at this logically (if you can do that)
Ken, that is not the point being argued – don’t confuse that statement with ceding your point – I am not but we are debating a different issue. You (and others) said there will be no impact from this decision because a woman can easily obtain abortive meds via the mail. I said that is not true – especially in Tennessee. It is part of the Conservative drive to impede access to abortions for all women. You need to accept that and stop trying to say it ain’t so. It is and this decision removes all stops.
Eric — I am not denying that legislators are introducing bills at the behest of the pro-life movement, and the pro-choice people are working teh wheels of government to ensure access (plus, trying to intimidate the justices at tehir homes, which is a federal and Virginia offense). But my point is this — abortion will continue and drug-induced abortions have protections under the Commerce clause and the high-paid lawyers of the drug industry will see to it — perhaps Biden’s justice dept. too. But let me ask you this question — does it concern liberals at all that between 38 and 43% of these abortions are by black women, amounting to about 300,000 aborted babies a year? Or do “Black Lives Matter” only when a white policeman shoots and kills a black suspect? https://www.kff.org/womens-health-policy/state-indicator/abortions-by-race/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D
Apparently, you are still living in 1973. That was about half a century ago just to keep your math simple. Biological technology has changed – why you can even get a free pill for just about anything – especially abortion. The feds aren’t needed and the states are quite capable of handling things. Why you can even buy pills from an planned parenthood regardless of its location.
Warmac — liberals are still living in the late 60s, man! That’s why there’s now a “protest” class — people who just protest and push the envelope on decency; it]’s apparently a federal criminal violation to protest a judge in order to influence his or her opinion and the Maryland and DC and Alexandria prosecutors aren’t doing shit to arrest these nuts!
Ken – Conservatives are still living in the 40’s, man!! It’s a man’s world in your eyes.
Notice the comment from Eric. Conservatives still living in the 1940s. I believe a large number of American men were dying in the 1940s in something called ww2. Nobody gave a damn about abortiion or the lgbtq as they were too busy trying to survive. After the war, it was necessary to repopulate so many families had 3 or 4 plus kids. You can’t debate the left as they will not reason and ignore even simple facts.
In 1940, 1700 women died from obtaining illegal abortions. You are probably right that nobody cared… just like Conservatives today!!
In 1940, about 40,000 people died in car crashes. This number is as relevant as Eric’s 1700 women dying in abortions. Cars are much safer today – so is abortion.
It won’t be where it is not allowed, Doc. That is the point… Are you Conservatives going to try to outlaw safe cars next…??
Btw Doc in 2020, a total of 39,000 people died in car crashes in the US…. smh…. the more things change, the more they stay the same…
I get a chuckle out of Erircs comment about outlawing safe cars. It is the leftist who are trying to reduce population so logically they would be opposed to improving the safety of cars and roads.
Less guv’ment! Less gub’ment! Less gub’ment! Freeeeedom!
Says the middle aged white guy
Until he doesn’t……
Yes… so the states can decide instead of having a liberal judge decide the issue. Show me where abortion is in the Constitution, Mr CONservative.. No you see it is a penumbra… bullsh.t bullsh.t bullsh.t… etc. Brennan made this up. He drafted a law.. in his horsecrap decision. If the proponents of abortion wanted it… they needed to have a legsilature create what is known as a law. Not Brennan crafting one via his own devices. Look at his decision. He had to create a law… when is life viable…trimesters etc. That is not the purview of the judiciary in the Constitutional Framework. I believe the Constitution provides a framework for Freedom No? So the states where the people approve of abortion… NY CA ILL MA can pass laws. If you want it, Mr CONservative as a federal right… then pass an amendment to the Constitution. That would be the right way to do it.
So… yes instead of having an overreaching, federal system allowing states to follow the will of their people… yes that might be what you call freedom.
Well, if the abortion decision is returned to the states, there is less government.
Oh, yeah, that makes sense. No regulation to 50 different regulatory structures. Yeah, that is less government… smh…
You can pass a law in Congress if you want it at the federal level. That is how it should work you insipid POS moron. It’s Democracy!!! Drag Queen Boy… not a law made by a non-elected appointed for life judge. So… go get the votes to do so. That’s Democracy Erica… pronoun She It…
Tippy, I am now changing your name to Edgar (as in J. Edgar Hoover) as your obsession now with transsexuals can only mean you need to come out of the closet. Really, you will feel better about yourself if you transition and accept who you truly are… I sincerely hope you find some healing soon… today’s world will accept you, fear not, no need to hide in the shadows anymore.
“Hence, it is fiction and political posturing to say that women in need will have to return to the back alleys and coat hangers to induce abortion. ” No it isn’t
Please explain your position
Ken, the poorest women will be the ones most impacted by the Conservative restrictions on abortions – they will not have the resources to simply travel to another state. They will then seek alternatives. The reddest states have the most restrictions and they are the states with the largest number of financially disadvantaged (of course). Take some responsibility… your drive to restrict abortions will cost lives…. there is no doubt.
Right Erica, pronoun She It… that argument. Illegal Immigrants come from Ecuador, Haiti, El Salvador, Honduras, China, and travel all around the world… through Mexico… and enter across the Rio Grnade and then end up in Arlington, Fairfax, Chicago , DC, Boston, NY, LA, in all corners of the open border territory formerly known as the USA… they send their children from El Salvador to Baby Momma in Arlington so that Momma can take advantage of the de facto DACA system that Obullsh.t set up in his administration… So… your beloved illegals can travel round the world, but women can’t go to Maryland, Illinois, CA, NY, MA CONN, or any of the other liberal states that allow abortion… that’ll probably include several purple states too like NC, GA etc.
You are so mercifully free of the ravages of intelligence Erica…
So, Tippy, you believe that any woman who gets pregnant should have to go through what refugees to our country have to go through in order to end her pregnancy…. given the laws and impediments being built against her (see Missouri drive to make it illegal for a woman to leave the state to obtain an abortion – maybe they will build a wall, eh…) the analogy is not far off. Thank you for showing the compassionate side of Conservatism once again…
This is the extent of his stupid comments… he usually tells you to get bent… I guess he forgot that.
Brief but on point…. far better than your pointless ramblings and potty humor, Tippy…
Get Bent Erica… GFY… LOL… your comments are bullsh.t That covers Martin. That’s about all your worth too…
He can’t because it isn’t true.