{"id":26977,"date":"2020-07-14T17:25:00","date_gmt":"2020-07-14T14:25:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/judge-rules-women-can-get-abortion-pill-without-doctor-visits\/"},"modified":"2020-07-14T17:25:00","modified_gmt":"2020-07-14T14:25:00","slug":"judge-rules-women-can-get-abortion-pill-without-doctor-visits","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/judge-rules-women-can-get-abortion-pill-without-doctor-visits\/","title":{"rendered":"#Judge rules women can get abortion pill without doctor visits"},"content":{"rendered":"

“#Judge rules women can get abortion pill without doctor visits<\/strong>”<\/p>\n

\n SILVER SPRING, Md. \u2014 A federal judge agreed Monday to suspend a rule that requires women during the COVID-19 pandemic to visit a hospital, clinic or medical office to obtain an abortion pill.<\/p>\n

U.S. District Judge Theodore Chuang in Maryland concluded that the \u201cin-person requirements\u201d for patients seeking medication abortion care impose a \u201csubstantial obstacle\u201d to abortion patients and are likely unconstitutional under the circumstances of the pandemic.<\/p>\n

\u201cParticularly in light of the limited timeframe during which a medication abortion or any abortion must occur, such infringement on the right to an abortion would constitute irreparable harm,\u201d the judge wrote in his 80-page decision.<\/p>\n

Chuang\u2019s ruling will allow healthcare providers to arrange for mifepristone to be mailed or delivered to patients during the public health emergency declared by the secretary of the U.S. Department of Health and Human Services. The U.S. Food and Drug Administration app<\/a>roved mifepristone to be used in combination with a second drug, misoprostol, to end an early pregnancy or manage a miscarriage.<\/p>\n

\u201cBy causing certain patients to decide between forgoing or substantially delaying abortion care, or risking exposure to COVID-19 for themselves, their children, and family members, the In-Person Requirements present a serious burden to many abortion patients,\u201d Chuang wrote.<\/p>\n

The states of Indiana, Louisiana, Alabama, Arkansas, Idaho, Kentucky, Mississippi, Missouri, Nebraska and Oklahoma had asked to intervene in the lawsuit. The 10 states argued that the case could impact how they enforce their own state laws that relate to or reference the FDA\u2019s regulation of mifepristone.<\/p>\n

Chuang rejected their request last month. The judge said the federal case would not eliminate any state\u2019s ability to continue to regulate abortion medication \u201cabove and beyond\u201d the FDA\u2019s requirements.<\/p>\n

\u201cNevertheless, this is a tremendous victory for abortion patients and for science<\/a> and common sense,\u201d said American Civil Liberties Union attorney Julia Kaye.<\/p>\n

The American College of Obstetricians and Gynecologists and other groups sued HHS and the FDA in May to challenge the rule. ACLU lawyers represent the groups.<\/p>\n

Skye Perryman, chief legal officer for the American College of Obstetricians and Gynecologists, said the FDA\u2019s restrictions on mifepristone are not medically necessary and \u201cdo not advance the health and safety of patients.\u201d<\/p>\n

\u201cToday\u2019s ruling recognizes the hardship and undue burden that many women have faced obtaining essential health care during the COVID-19 pandemic,\u201d Perryman said.<\/p>\n

Plaintiffs\u2019 attorneys argued that the FDA\u2019s in-person requirements infringe on a woman\u2019s constitutional rights to an abortion and violates the due process clause of the Fifth Amendment.<\/p>\n

Government lawyers have argued that the requirements are necessary to ensure that patients safely use mifepristone. The FDA rule requires patients to pick up the single tablet of mifepristone at a hospital, clinic or medical office and sign a form that includes information about the medication\u2019s potential risks.<\/p>\n

The judge said suspending the requirements aligns with public health guidance to eliminate unnecessary travel<\/a> and in-person contact.<\/p>\n

Chuang granted the ACLU\u2019s request for a preliminary injunction on due process grounds. He noted that federal regulators have waived in-person requirements for many other drugs \u201cfor the specific purpose of protecting public health.\u201d<\/p>\n

The group\u2019s lawsuit says mifepristone is the only one of more than 20,000 FDA-regulated drugs that patients must receive in person at a hospital, clinic, or medical office \u201cyet may self-administer, unsupervised, at a location of their choosing.\u201d<\/p>\n

The judge didn\u2019t set any geographic limitations on the injunction. Referring to the nature of the pandemic, he said that \u201ccrafting relief that attempts to account for both the unpredictable changes and nuanced regional differences across 50 different states over an extended period of time is simply infeasible.\u201d<\/p>\n

More than 4 million people in the U.S. have used mifepristone and misoprostol to end an early pregnancy; the two-drug combination accounted for 39% of all U.S. abortions in 2017, the lawsuit says.<\/p>\n

The lawsuit says the FDA rule has \u201cparticularly severe implications for low-income people and people of color, who comprise a disproportionate share of impacted patients and who are already suffering and dying from COVID-19 at substantially higher rates.\u201d<\/p>\n

In March, dozens of anti-abortion advocates signed a letter to HHS Secretary Alex Azar in which they called for halting abortion procedures during the pandemic. \u201cTheir continued operation depletes sorely needed personal protective equipment and leads to complications that will further overwhelm already overextended emergency rooms,\u201d the letter said.<\/p>\n

Azar and FDA Commissioner Stephen Hahn also were named as defendants in the suit.<\/p>\n

Marjorie Dannenfelser, president of the Susan B. Anthony List anti-abortion group, expressed disappointment in the judge\u2019s ruling: \u201cThe current FDA regulations are reasonable and necessary to protect women from serious and potentially life-threatening complications of abortion drugs, including intense pain, heavy bleeding, infection, and even death,\u201d she said in a statement.\n <\/p><\/div>\n

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Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

“#Judge rules women can get abortion pill without doctor visits” SILVER SPRING, Md. \u2014 A federal judge agreed Monday to suspend a rule that requires women during the COVID-19 pandemic to visit a hospital, clinic or medical office to obtain an abortion pill. U.S. District Judge Theodore Chuang in Maryland concluded that the \u201cin-person requirements\u201d…<\/p>\n","protected":false},"author":1,"featured_media":26978,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[38454],"class_list":["post-26977","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-judge-rules-women-can-get-abortion-pill-without-doctor-visits"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/26977","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=26977"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/26977\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/26978"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=26977"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=26977"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=26977"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}