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Supreme Court Drops Oklahoma Abortion Case, But That Isn’t Necessarily a Victory

Supreme Court Drops Oklahoma Abortion Case, But That Isn’t Necessarily a Victory

With a number of Texas clinics shuttered on November 1 and assaults on the legal right to have an abortion continuing at a breakneck pace, the news this week that the Supreme Court has changed its mind about reviewing a ban on using RU-486 to provide a medication abortion looked like rare good news. However, it’s too soon for reproductive rights advocates to embrace the docket change as a victory. Instead, it could mean the court is looking at other cases they think could be better opportunities to restrict abortion or overturn Roe v. Wade all together.

Cline v. Oklahoma Coalition for Reproductive Justice was initially expected to be this year’s pick if the courts were looking for a way to limit a right to a legal abortion. Oklahoma legislators passed a ban on using medication for an abortion by any other protocol but the one approved by the Federal Food and Drug Association 10 years earlier, despite medical best practices evolving in the following decade. The Supreme Court put the case on hold while it asked the Oklahoma state supreme court for clarification on whether they believed the ban on “off label use” would in fact create a total ban on all medication abortion, and the lower court eventually responded that they did think that was the case. Subsequently, the Supreme Court chose not to hear the case after all, leaving the Oklahoma law blocked so it will not go into effect.

Anti-choice activists and politicians in Oklahoma say that they intend to offer a different medication abortion restriction in the next legislative session that will pass constitutional muster, and, based on the number of states who have already done so, a model shouldn’t be hard to follow. Most likely, the legislators will introduce some form of telemed abortion ban such as the type that exists in Wisconsin, Missouri and numerous other states, which require a doctor to be in the physical presence of a patient who is taking the medication. Which, once you get down to it, was really all that abortion opponents probably need to have happen in the first place.

The issue with RU-486 and the reason it is opposed by abortion opponents has less to do with the type of abortion than the way that a medication abortion protocol opens the door for expanding access for those who want to terminate pregnancies. After all, if a person is opposed to abortion, whether a pregnant person ends the pregnancy by taking a pill or by a vacuum aspiration really makes no difference. Either way, a pregnancy is over, a baby is not born and, to them, a tragedy has occurred.

But medication abortion takes out the need for a doctor to be physically there to provide the abortion, which can increase the number of abortions that can happen on a daily basis, especially if a telemedicine approach to abortion is implemented. It is for that reason that anti-choice activists passed laws banning telemed abortion in 16 states, knowing that if a pregnant person can access a clinic near her home and video conference with a provider, travel, scheduling, expenses and other barriers are removed.

It’s for this reason that abortion opponents have attempted to shutter Iowa’s telemed abortion program since it began, arguing that it puts patients in danger despite the fact that no complaint by a patient or doctor has ever been filed in all of the years that it has operated. The Iowa program serves to show what could exist if a state truly wanted to expand access to abortion. With over a dozen Planned Parenthood clinics that can offer the medication to patients without them having to travel most of the way across the state just to get to an appointment, abortions have not increased since the program began, but more are occurring earlier in a pregnancy when it is both safer and less expensive.

The most recent attempt to end Iowa’s telemed abortion program happened this fall as the state’s Board of Medicine (all appointed by the Republican governor) voted to eliminate the practice despite a lack of complaints or violations. Now, a judge has ruled that the telemed abortion program will continue while the courts decide if the board acted without justification. “There is simply no evidence the court can rely on to come to the conclusion that the telemedicine abortion procedures, which have been offered for five years without issue, do not protect the health and safety of patients,” the judge ruled, according to the Des Moines Register.

It is this suit over whether medication abortion can be performed without a doctor’s presence that is far more likely to be of interest to anti-abortion activists than a simple banning of medication abortion in the first place. With a telemed ban, abortion opponents can get the majority of what they want when it comes to blocking any increased access for obtaining abortions. It’s also far less likely to be seen as unconstitutional in the way that forbidding an entire type of abortion would be, which was the issue that stopped the Supreme Court from ruling on Cline.

For now, Iowa can continue its program, and hopefully other states will look to it as an example and replicate it, especially states who border low access red states that are making obtaining an abortion a near impossibility. However, if this Iowa telemed decision ever makes its way to the Supreme Court, you can be sure it will become the dangerous, abortion precedent setting Cline was expected to be.

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75 comments

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2:57AM PST on Nov 11, 2013

ty

8:35AM PST on Nov 9, 2013

this is from ehealthme.com for viagra, since 1998 32,500 men have reported side effects, 1030 have died1998/141 deaths, 1999/142, 2000/94, 2001/53, 2002/50, 2003/43, 2004/21, 2005/32, 2006/29, 2007/29, 2008/58, 2009/43, 2010/162, 2011/85, 2012/48 FDA Post-Marketing Adverse Events in U.S. Women Who Used Mifepristone for
Termination of Pregnancy
Yes,this is not from planned parenthood or the fda as they wouldn't put something like this in writing and of course most of you won't believe this because you believe everything planned parenthood says The estimated number of women who have taken RU-486 as of April 2011 is 1.52 million Cut off date of cumulative reports since approval date in
US (September 2000)
04/30/11
Cases with any adverse event 2207
Died 1 14
Hospitalized, excluding deaths 612
*Ectopic pregnancies 2 58
*Experienced blood loss requiring transfusions 3 339
*Infections 4
(Severe infections5)
256
(48)

2:55AM PST on Nov 9, 2013

Interesting article.

2:08PM PST on Nov 7, 2013

Ashley contd…
“where do you stand on women who have had an abortion and lived to regret it, especially those vulnerable women who have been pressurised into having a termination by their husbands / boyfriends and, as a result, suffer more vulnerability, eg post-traumatic stress disorder, increased bipolar disorder .. “

That is exactly the point Ashley, this is about CHOICE. No woman should be forced to either have an abortion, or to have a baby, against her will. BTW there are so many MORE women forced into giving birth than having an abortion. And that can cause just as much PTSD or other mental anguish as a forced abortion. That is why everyone should stay out of a woman’s decision on her own pregnancy.

So where do you stand on all those children forced to be born against their mothers’ will, and now live in poverty & abuse, or languish in foster care, or die from neglect?

2:06PM PST on Nov 7, 2013

Ashley,
You didn’t answer my question but I will respond to yours. And I hope you would address all my rebuttals.

If, as you claim “Children are a gift of God, '.fearfully and wonderfully made'”, shouldn’t they be loved and protected ALL through their childhood? Why does your concern end at birth? There are millions of unwanted children living substandard lives today, some of them here specifically as a result of forced-birth by the anti-abortion movement. Why is there no one to care for these children? Why are many dying from neglect and abuse?

“You were a foetus once: did your mother terminate you?”

Obviously not, otherwise I wouldn’t be here to speak for the abused children, would I? Now what’s the difference between me and those children? That I was wanted, loved & cherished. IF somehow I was unwanted, and were to end up being abused and neglected (like most children are in foster care) I would MUCH RATHER have been aborted
.
“Philosophy tells me there is no difference between the life I once had as an embryo, subsequently as a foetus and now as an adult, that would have justified terminating me THEN any more than anyone terminating me now. “

Is your position that all life is equal and should have equal protection? If so, what right do you have to kill animals and plants to sustain your life and those of your family?

11:36AM PST on Nov 7, 2013

Ashley (again) "where do you stand on women who have had an abortion and lived to regret it, especially those vulnerable women who have been pressurised into having a termination by their husbands / boyfriends and, as a result, suffer more vulnerability, eg post-traumatic stress disorder, increased bipolar disorder."

+++++++++++ Oh, please! What about the millions of responsible women who have terminated pregnancies and happily gone on to lead their lives? Would you ban plastic surgeries because some people regret them? Can you provide data supporting statistics of women who suffer these terrible results? Is this ANY of your business?

11:20AM PST on Nov 7, 2013

Ashley...allow me to jump in, please. You wrote: "I'm not so much anti-choice as believing in the value of life. Children are a gift of God, '..fearfully and wonderfully made' in the words of one psalm.
++++++++++++++++ Well, good for you, Ashley. But, many people don't BELIEVE that ''children are a gift of your god." Many of us have been in such dire conditions that we chose to end that pregnancy. We don't CARE about your religious view...why should we? See--this is NOT the United States of Ashley's Religion.

"You were a foetus once: did your mother terminate you?"

++++++++++++ If she had, we wouldn't know it, would we?


"Philosophy tells me there is no difference between the life I once had as an embryo, subsequently as a foetus and now as an adult, that would have justified terminating me THEN any more than anyone terminating me now."

++++Poor ''philosophy'' uninformed by science. Terminating a fetus is VERY different from committing murder on a sentient, self-sufficient human. If you can't see the difference between a mindless group of fetal cells and yourself, I think you need a science class. Once again, this is NOT the "United States of Ashley's Philosophy." It's a nation in which a woman has the privacy to make her own reproductive decisions.

8:20AM PST on Nov 7, 2013

I think the reason the anti-choicers are foaming at the mouth about telemed abortions is the fact that more women will be able to end an unwanted pregnancy simply by popping a pill in their doctor's offices and don't have to wait until they can only get a surgical abortion and face the gauntlet of anti-choice protesters harassing them! After all, these people don't know what a woman is going into a regular doctor's office or even a women's reproductive health clinic for-a pelvic exam, a physical, contraception, etc. They just ASSUME that women who go to the clinics are automatically pregnant and trying to obtain an abortion! Well, guess what? All you're doing is showing the world what the northbound end of a southbound horse looks like! Yep, ASSES.

We may have "won" a battle, but sadly the war on women rages on....

6:52AM PST on Nov 7, 2013

Ashley D, do you really think that making abortion illegal and inaccessible will protect a woman who's husband/boyfriend pressures her into having an abortion? It won't. I'll only make her abortion more dangerous and frightening. You're worried about post traumatic stress disorder and increased bipolar disorder, what do you think about punctured uteruses and bleeding to death??

Your philosophy of life is great and wonderful...as long as you only use it to determine YOUR OWN choices, not as a tool to tell other people what they should do.

4:33AM PST on Nov 7, 2013

Great article. Thanks for sharing.

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