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Oklahoma and Kentucky are also taking steps to clarify their abortion bans, though in both states the attorneys general, not physicians, are the ones dictating the terms. Since the U.S. Supreme Court overturned the constitutional right to abortion in 2022, states have been free to enact their own restrictions. “It’s not going to deal with hard calls,” said Greer Donley, an associate professor at the University of Pittsburgh School of Law who is an expert on abortion law. As some states mull how to clarify — without weakening — their abortion bans, abortion rights advocates in several states continue to challenge the bans with lawsuits. Frustrated with the board's inaction, Amy and Steven Bresnen, a couple who are lawyers and lobbyists, filed a petition in January asking it to clarify what circumstances qualify as medical exceptions to the state's abortion ban.

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☆ Opinion: What could fall apart after Trump’s victory
▼ + stars: | 2024-01-28 | by ( Richard Galant | ) edition.cnn.com time to read: +13 min

We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. CNN —In 2018, Irish journalist Fintan O’Toole proposed the “Yeats Test” to determine how bad things are in the world. Although … Haley is the last contender standing between former President Donald Trump and the Republican nomination…most Republican voters do not want an alternative to Trump; they overwhelmingly back him. Polling shows Trump even leads Haley in her home state of South Carolina.”Haley’s quest is going nowhere, wrote Daniel McCarthy. Join us on Twitter and FacebookTrump’s election-night needling of South Carolina Sen. Tim Scott, who endorsed the president over Haley, stood out.

Persons: Fintan O’Toole, Yeats, ” O’Toole, Donald Trump, —, William Butler Yeats, Mitch McConnell’s, Trump, doesn’t, Joe Biden, Clay Jones, Nikki Haley, ”, Raul Reyes, … Haley, Haley, Daniel McCarthy, Ron DeSantis, “, Paul Begala, South Carolina Sen, Tim Scott, Tim, ” Trump, Scott, E, Jean Carroll, Ana Marie Cox, Carroll —, Julian Zelizer, — Trump, ” Bill Bramhall, Biden, Douglas, Bruce A, Willis, John Avlon, Dean Obeidallah, Jon Stewart, Bill Burns, Lishay Lavi, Omri Miran, Roni, Alma, ” Lavi, ” Barbie, Oscar Bill Bramhall, New York Daily News Sara Stewart, Barbie ”, “ Tuesday’s Oscar, ‘ Barbie, Greta Gerwig, Margot Robbie, Barbie, it’s, Brad Meltzer, Ken, ’, Hannah Ryan, Barbie ’, Sofia Coppola’s ‘ Priscilla ’, Priscilla Presley’s, Elvis —, Molly Manning Walker’s, Ava DuVernay’s, Noah Berlatsky, Dr, Strangelove ”, Peter Bergen, Elena Sheppard, Kyte, Nick Anderson, Narges Mohammadi, Jennifer Tucker, Wayne LaPierre, Erik German, Frida Ghitis, Elon Musk, Jill Filipovic, millennials, David S, Cohen, Greer Donley, Rachel Rebouché, David Mark, …, Lisa Benson, Suzanne Plunkett, Michelle Francl didn’t, Rosa Prince, You’re, you’ll Organizations: CNN, GOP, Republican, Trump, Polling, Florida Gov, Republican Party, ”, Twitter, Facebook, New York Daily, CIA, New York Daily News, Warner Bros, Warner Bros ., Academy, Counterpoint, NRA, Harvard, Bryn Mawr College, Boston Harbour Locations: Irish, “, Ukraine, New Hampshire, South Carolina, Iowa, New York, Douglas London, Georgia, Gaza, Israel, Bergen, Boston, Pennsylvania

Lower court judges are bound by Supreme Court precedent, but they have some tools at their disposal. They can also give the historically permissive “rational basis” standard of review from the Dobbs opinion some teeth by more closely assessing abortion restrictions and the state’s purported rationales. Lawyers will need to bring cases raising novel issues so that judges can protect abortion rights in new ways. Even if cases and briefs in federal courts lose in the short term, having abortion cases in the pipeline is essential. The Supreme Court will not always look as it does today.

Persons: Biden, Dobbs, Roe Organizations: eventual Locations: Dobbs

☆ Comstock Act: The 150-year-old chastity law that may be the next big fight over abortion
▼ + stars: | 2023-04-28 | by ( Tierney Sneed | ) edition.cnn.com time to read: +15 min

“Comstock is really the backdoor way to remove access to abortion across the whole country,” said Greer Donley, a University of Pittsburgh Law School professor who specializes in abortion law. Severino argued that, at least when it comes to the Comstock Act’s prohibitions on mailing abortion pills, Congress is well within its powers to regulate those shipments. Several towns, some in New Mexico and elsewhere, have passed local ordinances that cite the Comstock Act and prohibit business within those jurisdictions from shipping or receiving items used for abortions in the mail, as covered by the Comstock Act. The lawsuits in New Mexico state court that those ordinances have prompted may provide for another opportunity for courts to elaborate on what the Comstock Act means. The Supreme Court, in the emergency order it issued last week, did not say anything about the Comstock Act.

April 13 (Reuters) - U.S. telehealth abortion providers scrambled on Thursday to keep their services available after a federal appeals court ruled that the abortion pill mifepristone could be distributed amid ongoing litigation but with significant restrictions. Mifepristone is used with another drug called misoprostol to perform medication abortion, which accounts for more than half of U.S. abortions. Jayaram Brindala, founder of Abortion Telemedicine, said the provider would "no longer be able to send the mifepristone medication by mail anywhere." Brindala added the company would still send the misoprostol-only regimen to states that allow it. Other telehealth practices that provide abortion medication said they were waiting to see what happens next in court before announcing any changes in policy.

☆ Inside the Online Market for Overseas Abortion Pills
▼ + stars: | 2023-04-13 | by ( Allison Mccann | ) www.nytimes.com time to read: +17 min

A selection of abortion pill kits available online from overseas sellers. A chart of the estimated number of abortion pills provided outside the U.S. health care system from July through December 2022. For most patients, the cost of the service remains the most important factor in deciding where to get pills online. A chart showing the minimum, average and maximum cost of abortion pills from overseas providers: Aid Access, Las Libres and for-profit online sellers. A chart showing the minimum, average and maximum delivery speeds of abortion pills from overseas providers: Aid Access, Las Libres and for-profit online sellers.

☆ Appeals court partially blocks ruling that imperils access to key abortion pill
▼ + stars: | 2023-04-13 | by ( Lawrence Hurley | Laura Jarrett | ) www.cnbc.com time to read: +6 min

A federal appeals court late on Wednesday blocked part of a ruling issued last week by a Trump-appointed judge that endangers access to the abortion pill mifepristone. The Justice Department can still ask the Supreme Court to intervene in an attempt to completely block Kacsmaryk's ruling. The Justice Department has filed a motion in the federal district court in Washington state, asking for clarification on Friday's ruling. Kacsmaryk's ruling, if allowed to stand, would not mean that access to mifepristone would immediately be cut off nationwide. The agency has broad power to do so, with the Supreme Court in a 1985 ruling saying that such decisions generally cannot be challenged in court.

Adding to the volatile legal landscape around abortion, a federal judge in Washington state on Friday issued a seemingly conflicting injunction that prevented federal regulators from altering access to the same abortion drug. Kacsmaryk's ruling is a preliminary injunction that would essentially ban sales of mifepristone while the case by anti-abortion groups before him continues. By choosing to sue in Amarillo, the plaintiffs ensured that the case would go before Kacsmaryk, a conservative former Christian activist. Circuit Court of Appeals, which has a conservative reputation, with more than two-thirds of its judges appointed by Republican presidents. The FDA in January said that the government for the first time will allow mifepristone to be dispensed at retail pharmacies.

Of the various potential rulings possible in the case involving the abortion pill mifepristone, either of those outcomes would be unprecedented judicial intervention in the agency's regulatory process. Some of the FDA's options could be politically and legally risky both for the agency and mifepristone suppliers, they said. The FDA said the pill was deemed safe after extensive studies and use, and that the challenge comes much too late. Under FDA statutes and regulations, drug approval withdrawal generally begins with an informal hearing, which can entail extensive document preparation and the convening of an advisory committee. Overseas provider Aid Access, an Austria-based service that ships abortion medication to U.S. patients, said it would continue providing the pill no matter how the FDA responds.

☆ Pharmacies can now sell the abortion pill, but you probably won't find it at top chains like CVS, Walmart, or Walgreens anytime soon
▼ + stars: | 2023-01-04 | by ( Ben Tobin | Sarah Braner | ) www.businessinsider.com time to read: +3 min

The FDA authorized retail pharmacies to become certified to carry mifepristone in a ruling Tuesday. Retailers may not sell the abortion pill due to administrative hurdles and backlash, experts say. But don't expect to be able to find the pill at your local Walmart or CVS any time soon. The FDA implemented the regulatory change Tuesday night to allow retail pharmacies to dispense mifepristone to people with a prescription. Insider contacted seven major retail pharmacies to ask whether they plan to sell mifepristone.

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