“The rule of law is under threat where the threat of litigation can allow someone to feel like they could be sued, even when they are squarely in line with the law of the jurisdiction.” “I think this is just how tenuous and uncertain access to either surgical or medication abortion is, even in states where the practice or the medications remain legal,” says Whelan. Whelan says this goes to show just how much the legal landscape surrounding abortion has been disrupted. The Biden administration has contended that sending mifepristone by mail does not violate the law, writing in that “the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully” and noting that the drug has multiple uses, including abortion.īut regardless of the legality of distributing mifepristone by mail, Walgreens’ decision could lead to a “domino effect”-with smaller companies, which don’t have the deep pockets of Walgreens, deciding to follow the pharmacy giant’s lead, says Allison Whelan, a Georgia State University assistant professor of law. The attorneys general’s letter argued pharmacy companies would be in violation of federal law, which prohibits the distribution of abortion drugs by post. “There could be potentially more incomplete abortions, people dealing with hemorrhages or other consequences.” “If you decrease effectiveness, even a small amount, but apply that to a large number of people in the population, there are absolutely going to be people who suffer consequences,” says McDonald-Mosley. McDonald-Mosley says that she’s concerned that patients seeking abortions, suffering miscarriages or who need the drug for other reasons could be at an increased health risk if they do not have access to mifepristone, and if they have to rely on a treatment that is less effective. “It’s not good public health practice, it’s not good medicine, to not make available something that we know is safe, and effective, and commonly utilized,” she says. Pharmacies can be a crucial access point to mifepristone, especially in rural areas where healthcare is inaccessible. Raegan McDonald-Mosley, an OB-GYN and CEO of the reproductive health nonprofit Power to Decide. Given barriers to abortion are on the rise, the decision is particularly concerning, says Dr. However, experts warn that Walgreens’ decision could have major consequences from both a health and legal perspective. If this approach changes, we will be sure to notify you.” In 2022, Kansas voters rejected a constitutional amendment that would have allowed the legislature to ban abortion. Kobach, the attorney general of Kansas, that the company “does not intend to dispense Mifepristone within your state and does not intend to ship Mifepristone into your state from any of our pharmacies. On Feb 17, in response to the letter, Walgreens wrote to Kris W. “We intend to be a certified pharmacy and will distribute Mifepristone only in those jurisdictions where it is legal and operationally feasible,” Walgreens said in a statement to TIME. Under the new policy, Walgreens would not distribute the drug in some states which permit abortion: Kansas, Florida, Georgia, Alaska, Indiana, Iowa, Ohio, South Carolina, and Utah. Walgreens’ announcement, first reported by Politico, came after 20 Republican attorneys general sent a letter to the company threatening it with legal action if it distributed the drug in their states, including some where abortion isn’t banned.
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