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LOCALIZE IT: Supreme Court considers whether drug approval of a widely used abortion pill was proper

GEOFF MULVIHILL
March 25, 2024

EDITORS/NEWS DIRECTORS:

Less than two years after overturning Roe v. Wade and a nationwide right to the abortion, the U.S. Supreme Court is considering another abortion case.

This time, the question is whether federal regulators properly approved the abortion pill mifepristone in 2000 or were within their rights in 2016 and 2021 when they eased some conditions for the drug. Arguments are scheduled before the high court on Tuesday.

A ruling is likely by late June. It could touch off major changes to an abortion landscape that has been in states since Roe v. Wade was overturned in 2022, spurring abortion bans in most Republican-controlled states and measures intended to protect access in most Democratic-controlled states.

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READ AP'S LATEST

Supreme Court again confronts the issue of abortion, this time over access to widely used medication

Mifepristone access is coming before the US Supreme Court. How safe is this abortion pill?

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STATE POLICIES ON MIFEPRISTONE AND TELEHEALTH ABORTION

Most states do not have specific policies on mifepristone or abortion pills generally. But abortion bans apply to the drugs, which are generally used in the first eight weeks of pregnancy.

Wyoming in 2013 became the first state with a ban specifically on abortion pills, but enforcement of that law was put on hold by a judge along with other abortion laws.

Abortion medications are often prescribed by telehealth. A report by the Guttmacher Institute, a research group that supports abortion rights, found that more than 6 in 10 abortions in the U.S. now involve abortion pills. Surveys by Guttmacher and #WeCount, conducted for the Society for Family Planning, do not break down abortion pill use by state.

Some states require patients to see a physician in person to receive a prescription. They are:

Arizona

Nebraska

North Carolina

South Carolina

Wisconsin

Of those, Arizona and North Carolina have bans on mailing abortion pills to patients.

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VIEW STATES WITH BANS ON ABOTION IN THE FIRST EIGHT WEEKS OF PREGNANCY

The states have at all stages of pregnancy, with some exceptions:

Alabama

Arkansas

Idaho

Indiana

Kentucky

Louisiana

Mississippi

Missouri

North Dakota

Oklahoma

South Dakota

Tennessee

Texas

West Virginia

These have bans once cardiac activity can be detected, generally around six weeks gestation, with some exceptions;

Georgia

South Carolina

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EMBED THIS GRAPHIC

Abortion access in the U.S.: States are moving in different directions after the Supreme Court's Dobbs v. Jackson Women's Health opinion ended the federal right to abortion.

Preview: https://interactives.ap.org/embeds/uVMDq/24/

To embed, insert this code into your CMS:

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REVIEW OUR STYLE GUIDANCE

Find tips on coverage and terminology in the AP Stylebook's Abortion Topical Guide.

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READ ADDITIONAL AP COVERAGE

More coverage on abortion can be found here.

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Localize It is an occasional feature produced by The Associated Press for its customers' use. Questions can be directed to Katie Oyan at koyan@ap.org.

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