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"When Donald Trump says abortion should be left to the states, this is what he's advocating," said former Planned Parenthood president Cecile Richards.
Abortion rights advocates on Thursday said former Republican President Donald Trump bears responsibility for Louisiana's newly passed law that would classify two drugs used in medication abortions as controlled dangerous substances—a product, the critics said, of Trump's efforts to overturn Roe v. Wade, his advocacy for government surveillance of pregnant Americans, and his push to leave abortion laws up to the states.
The state Senate passed the bill Thursday, sending it to the desk of Republican Gov. Jeff Landry, who has indicated he plans to sign it.
State Sen. Thomas Pressly (R-38) is the lead sponsor of the bill, which principally aims to make it illegal to use mifepristone and misoprostol to induce an abortion in pregnant person without their knowledge and consent—an incident in which Pressly's sister was a victim in 2022 in Texas, but not one that Republicans found had ever happened in Louisiana.
After the original bill passed in the Senate, Pressly added a number of amendments including one classifying the medications as "controlled dangerous substances" and placing them alongside drugs including Flunitrazepam—which is marketed as Rohypnol and has been used to sedate victims of sexual assault—in Schedule IV in the state's drug scheduling system.
U.S. Sen. Elizabeth Warren (D-Mass.) said the bill is proof that the right-wing push to restrict and ban abortion care has "always been about controlling women's bodies and futures," while Vice President Kamala Harris said that "Donald Trump is to blame" for a bill that could carry penalties including years of jail time for people found to have misoprostol and mifepristone without a prescription.
The amendment prompted outcry from more than 200 healthcare professionals across Louisiana as well as Louisiana Society of Addiction Medicine, which noted the drug scheduling system is meant to classify drugs based on their potential for abuse and takes into account their medical benefits.
In addition to being used in medication abortions—which are illegal in Louisiana under the state's near-total abortion ban—misoprostol is used regularly to induce labor, to prep a patient's cervix for an intrauterine device insertion, and to stop postpartum hemorrhaging, which is a leading cause of maternal mortality. Lousiana has among the highest maternal mortality rates in the nation.
Mifepristone is also approved by the Food and Drug Administration to help manage Cushing's syndrome, a disease in which a patient produces excess cortisol.
But with the two medications reclassified as dangerous drugs, medical professionals would be required to have a special license to prescribe them, and rural clinics may have limited access to them as they would have to be stored in specific facilities.
"When Donald Trump says abortion should be left to the states, this is what he's advocating," said former Planned Parenthood president Cecile Richards as the Republican runs for a second term in the White House.
State Sen. Roy Duplessis (D-5) said the bill will "lead to further harm down the road" for pregnant people.
"There's a reason we rank at the bottom in terms of maternal health outcomes, and this is why," he said.
"Mischaracterizing misoprostol... as a dangerous drug of abuse creates confusion and misinformation, and harms women seeking high quality maternal care," said more than 280 healthcare providers.
Ignoring the pleas of nearly 300 doctors and other healthcare professionals, the Republican-controlled Lousiana state House on Tuesday was poised to vote on a bill that would reclassify two drugs used in medication abortions as "controlled dangerous substances"—and potentially limiting healthcare providers' access to the frequently prescribed pills.
Senate Bill 276, originally proposed by state Sen. Thomas Pressly (R-38), centers on making it a crime in the state to use the pills to induce an abortion "on an unsuspecting pregnant mother without her knowledge or consent," but after its passage in the Senate, Pressly added amendments to reclassify mifepristone and misoprostol.
Under the legislation, a person found with the pills without a prescription could be convicted of a felony, punishable with up to 10 years in prison.
Healthcare workers across Louisiana have called on Pressly to reconsider his amendments, which were co-written by the powerful pro-forced pregnancy group Louisiana Right to Life, and have warned they could dangerously delay or eliminate care for other health conditions for which the medications are prescribed.
"Mischaracterizing misoprostol, a drug routinely and safely used on labor units throughout the state, as a dangerous drug of abuse creates confusion and misinformation, and harms women seeking high quality maternal care," wrote more than 280 health professionals in a recent letter to Landry.
The doctors emphasized that with one of the country's most stringent abortion bans in place in Louisiana, healthcare workers have not recently been prescribing misoprostol for abortion care.
But the drug is used on a daily basis in the state's hospitals and doctor's offices, they said, to treat people who have suffered miscarriages, to induce labor, to prepare the cervix for intrauterine device (IUD) insertions, and to stop postpartum hemorrhaging—the third leading cause of maternal mortality.
"Misoprostol is such a literal life-saver," New Orleans OB-GYN Dr. Nicole Freehill toldRolling Stone on Tuesday. "It's a very inexpensive medication and very effective at preventing hemorrhage, for IUD insertions, for endometrial biopsies, to prep a patient's cervix when they have a miscarriage. It's utilized for so many things and on a very regular basis."
State Rep. Mandie Landry (D-91) called the effort to reclassify mifepristone and misoprostol as dangerous drugs "harmful and malicious."
"It is purely the product of Louisiana Right to Life and their politics," Landry toldRolling Stone. "Doctors and common sense are all against it."
The Democratic Legislative Campaign Committee (DLCC) said that the "first-in-the-nation" bill would further endanger pregnant people in a state where a near-total abortion ban has already "ravaged reproductive healthcare."
A report released in March by Physicians for Human Rights showed that unnecessary cesarean sections have been performed more frequently under the ban in cases of preterm labor, in order "to preserve the appearance of not doing an abortion" and to protect physicians from potential prosecutions. The pregnant patients were not given a choice regarding whether to have the major abdominal surgery. Doctors in the state have also begun delaying routine prenatal care until the second trimester to avoid suspicion, in the case of a miscarriage, that they performed an abortion.
"Patients across the country should be put on notice—we know Republicans across the country will soon feel emboldened to follow in Louisiana's footsteps and criminalize abortion medication too," said Ahbi Rahman, communications director for the DLCC. "The DLCC will continue to sound the alarm on egregious attacks on women and healthcare providers—in Louisiana and across the nation. State legislatures are the battlegrounds determining the whole spectrum of reproductive care."
On Monday, the Louisiana Society of Addiction Medicine submitted a letter to state House Speaker Phillip R. DeVillier (R-41), saying Pressly's proposal "goes against the spirit of the drug scheduling system, which is designed to classify drugs based upon their danger, potential for misuse, and medical benefits."
"Simply put, S.B. 276 represents a clear and worrying interference in the patient-clinician relationship that will negatively impact populations that we serve," said the group.
The approval of over-the-counter birth control is a landmark victory for reproductive rights advocates, but true bodily autonomy can only be achieved when individuals have unimpeded access to the full spectrum of reproductive healthcare, including abortion care.
In recent years, there has been a monumental shift in access to reproductive healthcare, marked by the availability of the first over-the-counter birth control at pharmacies, convenient stores, and grocery stores: Opill. This significant milestone has empowered individuals to take control of their reproductive health like never before. However, as we celebrate this progress, it's crucial to recognize that there's still much work to be done, particularly concerning the accessibility of abortion pills.
The approval of over-the-counter birth control is a landmark victory for reproductive rights advocates. It signifies a departure from antiquated regulations and underscores the importance of ensuring equitable access to contraception. By eliminating the need for a prescription, individuals are granted greater autonomy over their reproductive choices, which is a fundamental aspect of bodily autonomy and gender equity.
As we reflect on the progress made in reproductive healthcare access, we must remain steadfast in our commitment to advancing reproductive justice for all.
Yet, while over-the-counter birth control represents a significant step forward, it also serves as a stark reminder of the glaring disparities in reproductive healthcare access. Despite its efficacy and safety, the abortion pill remains inaccessible to many individuals due to restrictive regulations and bans. Mifepristone, one of the two medications used in medication abortion, has been proven to be safer than commonly available drugs like Tylenol, Penicillin and Viagra. However, its distribution is heavily regulated, placing unnecessary barriers in the path of those seeking abortion care with a medication that has been approved by the FDA and known to be safe and effective for over 20 years. In the meantime, Walgreens and CVS have begun steps to stock and prescribe Mifepristone at many of their locations in states where abortion is legal.
Currently, the Supreme Court of the United States (SCOTUS) faces a pivotal decision regarding the accessibility of the abortion pill. The question at hand is whether Mifepristone can continue to be prescribed and mailed to individuals in the same manner as other medications. This decision holds immense implications for reproductive rights, particularly for marginalized communities who already face significant challenges in accessing healthcare services.
If SCOTUS decides in favor of allowing continued access to abortion pills by mail, it would represent a monumental victory for reproductive justice. It would signify a recognition of the importance of protecting equitable access to abortion care, regardless of one's geographic location or socioeconomic status. However, failure to do so would only exacerbate existing disparities, disproportionately affecting marginalized communities who often lack access to abortion clinics.
In this critical moment, organizations like the Women's Reproductive Rights Assistance Program (WRRAP) play a crucial role in bridging the gap in access to abortion care. Since April 2022, WRRAP has been funding access to the abortion pill by mail, providing crucial support to individuals in need. Our success rate speaks volumes about the effectiveness of this approach, demonstrating that it is not only safe but also incredibly impactful in expanding access to abortion care.
As we reflect on the progress made in reproductive healthcare access, we must remain steadfast in our commitment to advancing reproductive justice for all. Over-the-counter birth control is undoubtedly a significant achievement, but it cannot be the end goal. True bodily autonomy can only be achieved when individuals have unimpeded access to the full spectrum of reproductive healthcare, including abortion care.
It's time for SCOTUS to recognize the importance of protecting access to the abortion pill and take a meaningful step towards ensuring equitable access to abortion care for all.