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Post Roe Abortion Problems

Trying to make sense of a crazy world, with limited success mostly
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:explode:
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https://www.washingtonpost.com/world/20 ... ngelicals/
JERUSALEM — In a country with one of the world’s most liberal abortion policies, groups funded by conservative American evangelicals are targeting women with a message familiar in the United States but novel to most Israelis: Abortion is “murder.”

The idea resonated with Shir Palla Shitrit, 21, when she first contacted the “pregnancy crisis center” run by Be’ad Chaim — Hebrew for “pro-life.” In an office decorated with fetus diagrams, framed biblical passages and a ceramic sculpture of a breastfeeding mother, counselors offered her a year’s worth of material support and a place in a growing grass-roots community.
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#154

Post by Tiredretiredlawyer »

https://www.wonkette.com/repro-rights-r ... ht-through
Repro Rights Roundup: Turns Out Those Pre-Roe Bans Weren't Very Thought Through

Judge Overturns Georgia's Terrible Abortion Ban
Prior to Dobbs, Republicans spent years passing anti-abortion laws that could not actually be enacted because they violated Roe. It wasn't a totally stupid idea — the laws were meant to challenge Roe and also kept the issue fresh in voters' minds. Whether they could be passed or not, anti-choice voters saw the laws as proof their lawmakers were fighting for them and doing what they put them there to do. This also surely made up for the fact that Republicans had no actual policy ideas.

These laws were, of course, expected to go into effect as soon as Roe was overturned. Some of them did. Georgia's law did — a law barring abortion after six weeks, before many people even know they are pregnant, with exceptions for rape and incest, life of the mother, unviable fetuses and the father being Herschel Walker.

However, Fulton County Superior Court Judge Robert McBurney has overturned the law, which had been in effect since July, ruling that because it was unconstitutional at the time it was passed three years ago, it is now void. Whoops!

The lawsuit was brought by the American Civil Liberties Union of Georgia, which also argued that the ban violated the Georgia constitution's right to privacy, but McBurney did not rule on that claim.

The state has filed an appeal, but for now Georgians can expect to be able to have abortions after six weeks at participating clinics around the state.

Should they try and enact a new law, they might find they have some trouble, because people seem to prefer fantasy abortion bans to the real thing.

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Pittsburgh has had an uptick of people coming here from West Virginia and Ohio. We are within about 60 miles of both borders.
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Post by Ben-Prime »

AndyinPA wrote: Fri Nov 18, 2022 6:59 pm Pittsburgh has had an uptick of people coming here from West Virginia and Ohio. We are within about 60 miles of both borders.
How many times do they have to use 'Yinz' in a sentence before you accept them as locals?

Mind you, one of my best friends in the Foreign Service can now call himself a trendsetter - born in WV, raised in Pittsburgh, loves his home-city to pieces. We joke about it all the time.
But the sunshine aye shall light the sky,
As round and round we run;
And the truth shall ever come uppermost,
And justice shall be done.

- Charles Mackay, "Eternal Justice"
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Post by neonzx »

Ben-Prime wrote: Sat Nov 19, 2022 1:53 am
AndyinPA wrote: Fri Nov 18, 2022 6:59 pm Pittsburgh has had an uptick of people coming here from West Virginia and Ohio. We are within about 60 miles of both borders.
How many times do they have to use 'Yinz' in a sentence before you accept them as locals?
Once they have mastered properly pronouncing 'creek' as 'crick', they are IN. :thumbsup:
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Off Topic
I've never used "yinz" in my life. My dad did, though, so I heard it all the time. I do occasionally use "crick," but mostly in fun. My experience, though, has been that most people who live here love it to pieces.
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maybe not the best place to post but ...


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https://apnews.com/article/abortion-bid ... db7c223359
INDIANAPOLIS (AP) — Indiana’s Republican attorney general on Wednesday asked the state medical licensing board to discipline an Indianapolis doctor who has spoken publicly about providing an abortion to a 10-year-old rape victim who traveled from Ohio after its more-restrictive abortion law took effect.

The complaint alleges Dr. Caitlin Bernard violated state law by not reporting the girl’s child abuse to Indiana authorities and violated patient privacy laws by telling a newspaper reporter about the girl’s treatment.

That account sparked a national political uproar in the weeks after the U.S. Supreme Court overturned Roe v. Wade in June, with some news outlets and Republican politicians falsely suggesting Bernard fabricated the story and President Joe Biden nearly shouting his outrage over the case during a White House event.

Bernard and her lawyers maintain the girl’s abuse had already been reported to Ohio police and child protective services officials before the doctor ever saw the child. A 27-year-old man has been charged in Columbus, Ohio, with raping the girl.

Bernard’s lawyers argue Indiana Attorney General Todd Rokita, who is stridently anti-abortion, has been spreading false or misleading information about the doctor with his investigation allegations for several months.
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Post by Tiredretiredlawyer »

https://www.msn.com/en-us/news/us/judge ... r-AA14QzO6
Judge blocks Indiana abortion ban on religious freedom grounds

A second Indiana judge on Friday (November 25) blocked the state from enforcing its law banning most abortions after Jewish, Muslim and other non-Christian women challenged it in a lawsuit.

Marion County Superior Court Judge Heather Welch issued a preliminary injunction against the Republican-backed law, which prohibits abortions with limited exceptions for rape, incest, lethal fetal abnormalities or a serious health risk to the mother. The plaintiffs have argued that the measure infringes on religious freedom protected by another state law.

The law had already been on hold, as another judge in September blocked Indiana from enforcing it while Planned Parenthood and other healthcare providers challenge it in court.

Indiana became the first state to pass a new law banning abortion after the U.S. Supreme Court in June overturned its landmark 1973 Roe v. Wade ruling that had legalized the procedure nationwide. Other Republican-led states quickly began enforcing older bans.

Welch issued her injunction after a group called Hoosier Jews for Choice and five individual women challenged the abortion law under Indiana's Religious Freedom Restoration Act in a case brought by the American Civil Liberties Union. The ACLU said the plaintiffs represented religions including Judaism and Islam as well as "independent spiritual belief systems."


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#162

Post by Tiredretiredlawyer »

https://www.dailykos.com/stories/2022/1 ... ortion-ban
Doctor who defied Texas abortion ban gets big win in a Lone Star state courtroom


On Thursday, a state court in Texas threw out a lawsuit brought against abortion provider Dr. Alan Braid. The San Antonio doctor had been sued under Texas’ near-total abortion ban law, Senate Bill 8. Dr. Braid admitted to defying the law just days after it took effect. Dr. Braid was not clandestine about his actions, penning an opinion piece that was promptly published in The Washington Post, titled “Why I violated Texas’s extreme abortion ban.”

Braid was sued by two separate parties. According to the Texas Tribune, the court’s ruling did away with the first of these two cases. While the ruling sets an important precedent, it does not overturn the outrageous law itself. What the ruling does do, according to Center for Reproductive Rights president Nancy Northup (whose group is representing Braid in court), is reject “the notion that Texas can allow a person with no connection to an abortion to sue.”

Which specific lawsuit was dismissed has not yet been reported, but as the Texas Tribune reported back in September 2021, when the lawsuits were first filed, the two parties suing Dr. Braid sounded like real patriots. Both parties were “disbarred attorneys”: Illinois resident Felipe N. Gomez and Arkansan Oscar Stilley.

Dr. Braid has had to close his clinic in San Antonio, Texas, that serviced the health care needs of many as a result of the new Texas laws that passed over the last two years. “It is heartbreaking that Texans still can’t get essential health care in their home state and that providers are left afraid to do their jobs. Though we were forced to close our Texas clinic, I will continue serving patients across the region with the care they deserve at new clinics in Illinois and New Mexico.”
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A notorious Trump judge just fired the first shot against birth control
In retrospect, it was inevitable that this particular judge would come for contraception.

By Ian Millhiser
Dec 13, 2022, 8:00am EST

Matthew Kacsmaryk, a Trump appointee to a federal court in Texas, spent much of his career trying to interfere with other people’s sexuality.

A former lawyer at a religious conservative litigation shop, Kacsmaryk denounced, in a 2015 article, a so-called “Sexual Revolution” that began in the 1960s and 1970s, and which “sought public affirmation of the lie that the human person is an autonomous blob of Silly Putty unconstrained by nature or biology, and that marriage, sexuality, gender identity, and even the unborn child must yield to the erotic desires of liberated adults.”

So, in retrospect, it’s unsurprising that Kacsmaryk would be the first federal judge to embrace a challenge to the federal right to birth control after the Supreme Court’s June decision eliminating the right to an abortion.

Last week, Kacsmaryk issued an opinion in Deanda v. Becerra that attacks Title X, a federal program that offers grants to health providers that fund voluntary and confidential family planning services to patients. Federal law requires the Title X program to include “services for adolescents,”

The plaintiff in Deanda is a father who says he is “raising each of his daughters in accordance with Christian teaching on matters of sexuality, which requires unmarried children to practice abstinence and refrain from sexual intercourse until marriage.” He claims that the program must cease all grants to health providers who do not require patients under age 18 to “obtain parental consent” before receiving Title X-funded medical care.

This is not a new argument, and numerous courts have rejected similar challenges to publicly funded family planning programs, in part because the Deanda plaintiff’s legal argument “would undermine the minor’s right to privacy” which the Supreme Court has long held to include a right to contraception.

But Kacsmaryk isn’t like most other judges. In his brief time on the bench — Trump appointed Kacsmaryk in 2019 — he has shown an extraordinary willingness to interpret the law creatively to benefit right-wing causes.

This behavior is enabled, moreover, by the procedural rules that frequently enable federal plaintiffs in Texas to choose which judge will hear their case — 95 percent of civil cases filed in Amarillo, Texas’s federal courthouse are automatically assigned to Kacsmaryk. So litigants who want their case to be decided by a judge with a history as a Christian right activist, with a demonstrated penchant for interpreting the law flexibly to benefit his ideological allies, can all but ensure that outcome by bringing their lawsuit in Amarillo.

And so, last Thursday, the inevitable occurred. Kacsmaryk handed down a decision claiming that “the Title X program violates the constitutional right of parents to direct the upbringing of their children.”

Kacsmaryk’s decision is riddled with legal errors, some of them obvious enough to be spotted by a first-year law student. And it contradicts a 42-year-long consensus among federal courts that parents do not have a constitutional right to target government programs providing contraceptive care. So there’s a reasonable chance that Kacsmaryk will be reversed on appeal, even in a federal judiciary dominated by Republican appointees.



much more at https://www.vox.com/policy-and-politics ... da-becerra
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Post by Tiredretiredlawyer »

https://www.dailykos.com/stories/2022/1 ... n-abortion
"Are you the only politician who's ever performed an abortion?"

Kellen Squire is an emergency department nurse from Barboursville, Virginia, running for the Virginia House of Delegates against the author of Virginia’s transvaginal ultrasound bill.

Yes. It appears that I am the only legislative candidate in Virginia, and one of the very few in the entire country, that’s ever actually performed any kind of bedside abortion care for a patient.

I’ve never made it a secret we perform abortions in the Emergency Department when necessary- I have written about it many times here, since my first run in 2017, to more recently when I warned about what the consequences repealing Roe v. Wade would be.

In the ER, it’s nurses who stand in the room with patients, helping field the questions that come up during and after our physicians see them, explaining to patients what they can expect to happen. It’s nurses who get into the chemotherapy-rated protective gear we’re required to use for certain medications, and it's nurses who administer them- oral, injectable, or intravenous- to our patients as they’re ordered by our physicians. And if a patient is unstable (or needs any kind of surgical intervention), it’s nurses who stabilize them until we can get them to the OR.

But what we do isn’t rare, and it shouldn’t be newsworthy. 2% of all pregnancies are ectopic- which amounts to just under a hundred thousand a year in the United States- and bleeding from those account for 10% of all pregnancy related deaths alone. Without an abortion, they are universally fatal every single time. And that’s not even mentioning patients with a septic uterus, a failed miscarriage, patients whose water breaks at 12 weeks- all things hundreds of thousands of people in this country go through each year, only magnifying the reality that being pregnant in America is deadlier than any other high-income country.
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Arizona Doctors Cannot Be Prosecuted Under 1864 Abortion Ban, Court Says
The old law prohibited most abortions; the appeals court backed the state’s newer law that allows abortions at up to 15 weeks.

By Jack Healy
Dec. 30, 2022

PHOENIX — Arizona cannot prosecute doctors under an 1864 ban on abortions that would have outlawed the procedure in nearly every circumstance, a state appeals court ruled on Friday.

The ruling, which abortion-rights groups celebrated as a qualified victory, offers some clarity after months of uncertainty and legal fights over the fate of abortion in Arizona — and effectively allows licensed doctors in Arizona to perform abortions through the 15th week of pregnancy.

The decision resolved, for the moment, the question of which abortion ban in Arizona would be the law of the land in the wake of the Supreme Court’s decision overturning Roe v. Wade, which had guaranteed a constitutional right to abortion. The Supreme Court decision effectively sent the issue back to states to decide, and many have been caught up in litigation over state bans.

In Arizona, one law predating statehood outlawed the procedure entirely, except to save the mother’s life. Meanwhile, a law passed earlier this year by the state’s Republican-controlled legislature allows abortions through the 15th week of pregnancy, when the majority of women get them.

The ruling on Friday from a three-judge panel of the Arizona Court of Appeals declared that doctors in Arizona could not be prosecuted under the old territorial-era law, effectively rendering it toothless. The ruling also said the old and new laws were not in conflict, but that the new ban simply added another exception to the old one. The court said it sought to “harmonize” the state’s existing abortion laws and did not repeal the older law.




https://www.nytimes.com/2022/12/30/us/a ... n-ban.html
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#166

Post by Tiredretiredlawyer »

https://www.dailykos.com/stories/2022/1 ... le-at-risk
Georgia funding anti-abortion centers posing as clinics puts pregnant people at risk

Reproductive justice organizers in Georgia are waging a battle on two fronts: Not only are they contending with the state’s six-week abortion ban, but they’re also fighting to defund anti-abortion centers, which are otherwise referred to as crisis pregnancy centers (CPCs). These typically religiously affiliated nonprofits are known for offering non-evidence-based services such as “abortion pill reversal” to people seeking medical care.

The Atlanta-based Spark Reproductive Justice Now, a Black LGBTQIA+ and women-led organization, has been advocating to end the Positive Alternatives for Pregnancy and Parenting Grant Program, the state mechanism that funds anti-abortion centers, since its inception. Spark’s policy and advocacy director, Agbo Ikor, anticipates the state will provide even more resources and support to these fake clinics in the wake of the six-week abortion ban and the U.S. Supreme Court overturning Roe v. Wade.

Since Republican state legislators voted to fund anti-abortion centers in 2016, nearly a quarter of the state’s 89 CPCs have collectively received $10.3 million via taxpayer-funded grants. This past year alone, the state distributed a total of $1.8 million to 13 of these centers through the Positive Alternatives program.

According to advocates, the main purpose of anti-abortion centers is to coerce pregnant people, especially those with unintended pregnancies, into not having abortions rather than providing them with comprehensive, fact-based reproductive care. And because they can be mistaken for actual abortion clinics, the state’s support of their activities puts pregnant people at even greater risk.

At Spark, Ikor made “secret shopper” calls to anti-abortion centers to learn what they say firsthand. Ikor said these centers attract people by advertising free services such as pregnancy tests and ultrasounds. For those who are unfamiliar with anti-abortion center tactics and their facilities, they can fall prey to more serious privacy issues and aren’t aware that the centers aren’t usually medically licensed and therefore aren’t bound to ethical and medical standards, nor to laws protecting personal health information. And according to an investigation by Reveal and The Markup, 294 anti-abortion centers shared sensitive visitor data shared with Facebook.

“To have an organization who positions themselves as providers of medical care essentially mislead folks can be very dangerous and harmful to people who are just looking for care,” Ikor said.

"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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Post by RTH10260 »

Peek accross the border
Starting today in France, condoms are free for everyone under 26 years old!

And since Jan 1st 2022, contraception has been free for women under 26, including the birth control pill, implants, and IUDs.

More of this in 2023 pleaaase 🙏🏻

#ReproductiveJustice #SexualHealth

https://social.coop/@raph/109615681188045034
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#169

Post by Dave from down under »

https://www.abc.net.au/news/2023-01-06/ ... /101833184

South Carolina's Supreme Court has ruled a state law banning abortion after about six weeks of pregnancy is unconstitutional because it violates a right to privacy, in a major win to abortion rights supporters.

Key points:

Judges in South Carolina and Idaho make significant rulings to America's abortion laws
Pro-choice advocates hail South Carolina's decision as "a monumental victory" for the South
In Idaho the ruling went against Planned Parenthood challenging that state's abortion bans

Meanwhile, hours later on Thursday, Idaho's Supreme Court found that its state constitution did not protect a right to abortion, drawing the opposite conclusion in a similar case challenging the state's restrictions on pregnancy termination.

The rulings were significant milestones in the legal battle over abortion rights that has been playing out in states since the US Supreme Court eliminated a nearly 50-year-old federal right to abortion last year by overturning the Roe V Wade decision.
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Idaho Supreme Court’s abortion decision based on flawed ‘originalism’ reasoning | Opinion

Sarah A. Miller The Editorial Board
Fri, January 6, 2023 at 12:00 PM GMT+1

It should come as no surprise that the Idaho Supreme Court on Thursday issued a ruling fairly quickly upholding Idaho’s abortion ban. The justices didn’t have to do much work; all they had to do was copy and paste from the U.S. Supreme Court’s Dobbs decision, which overturned Roe v. Wade.

In shooting down a challenge to Idaho’s abortion ban, the Idaho Supreme Court took a page – or a few – from the U.S. Supreme Court.

The Idaho Supreme Court’s wording and reasoning mimics, at times verbatim, the U.S. Supreme Court’s wording and reasoning in its Dobbs decision.

“For us to read a fundamental right into the Idaho Constitution, we must examine whether the alleged right is so ‘deeply rooted’ in the traditions and history of Idaho at the time of statehood that we can fairly conclude that the framers and adopters of the Inalienable Rights Clause intended to implicitly protect that right,” according to the Idaho Supreme Court decision.

“The Court finds that the right to abortion is not deeply rooted in the Nation’s history and tradition,” the U.S. Supreme Court decision reads.

The Idaho Supreme Court decision has us all go back to those glorious days of 1890 to determine whether abortion is deeply rooted in our state’s history and traditions. Of course, the court, by a tally of 3-2, finds that it was not.

However, we do not live in 1890 any longer, and this “originalist” reading of the Idaho Constitution, just like the “originalist” reading of the U.S. Constitution, is deeply flawed.




https://www.yahoo.com/news/idaho-suprem ... 00850.html
(original: Idaho Statesman)
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SC Supreme Court makeup may face GOP scrutiny after 6-week abortion ban struck down

Maayan Schechter
Sat, January 7, 2023 at 1:26 AM GMT+1

The S.C. Supreme Court’s Jan. 5 ruling that struck down the state’s six-week abortion ban has shifted many Republicans’ focus to the makeup of the high court itself. Some now say they’re concerned about the future politicization of the judicial process.

State Senate Majority Leader Shane Massey, echoing his statement last week that the court’s “decision will almost certainly result in the politicization of South Carolina’s judges to yet unseen levels,” said Monday he “will be amazed” if there isn’t political pushback over the way the Legislature vets and elects judges to the state’s high court.

U.S. Sen. Lindsey Graham, R-S.C., said Friday, “There will be a movement in South Carolina to make sure that we put people on the Supreme Court that follow the law and not become legislators.”

Speaking to reporters at the S.C. Citizen’s for Life Proudly Pro-Life Dinner, Graham, who has pushed for a national 15-week abortion ban with some exceptions, added, “I can assure you that when it comes time to pick future Supreme Court justices, that people in this room and other places are going to be lobbying the State House to pick judges who understand the difference between being a politician and a judge.”



https://www.yahoo.com/news/sc-supreme-c ... 44101.html
(original: The State)
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https://www.al.com/news/2023/01/women-c ... neral.html
One week after the federal government made it easier to get abortion pills, Alabama Attorney General Steve Marshall said Tuesday that women in Alabama who use those pills to end pregnancies could be prosecuted.

That’s despite wording in Alabama’s new Human Life Protection Act that criminalizes abortion providers and prevents its use against the people receiving abortions. Instead, the attorney general’s office said Alabama could rely on an older law, one initially designed to protect children from meth lab fumes.

“The Human Life Protection Act targets abortion providers, exempting women ‘upon whom an abortion is performed or attempted to be performed’ from liability under the law,” Marshall said in an emailed statement. “It does not provide an across-the-board exemption from all criminal laws, including the chemical-endangerment law—which the Alabama Supreme Court has affirmed and reaffirmed protects unborn children.”

The announcement followed changes last week to regulations of two medications commonly prescribed for abortion. The U.S. Food and Drug Administration finalized a change that will allow brick-and-mortar and mail-order pharmacies to dispense mifepristone and misoprostol, two drugs used in more than half of abortions in the United States.

Before the change, people using medication for abortions had to pick it up at specialty clinics. Officials at the U.S. Department of Justice issued an opinion that carriers with the U.S. Postal Service could deliver pills in states that banned abortion. The new rules will expand access through telehealth and mail-order pharmacies but could set up clashes with anti-abortion states such as Alabama.
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Alabama AG Attempts to Walk Back Comment About Prosecuting People Who Take Abortion Pills

Susan Rinkunas
Thu, January 12, 2023 at 5:54 PM GMT+1

Alabama Attorney General Steve Marshall (R) told AL.com on Tuesday that women and pregnant people who use abortion pills in the state could be prosecuted. Marshall said he would pursue such cases not under Alabama’s abortion ban, but under a “chemical endangerment” law that was never intended to apply to pregnant people.

It marked the first time Marshall had targeted pregnant people, rather than abortion providers or helpers, the outlet noted. His statement is a big deal and, accordingly, the original story spread like wildfire; it’s been shared more than 6,000 times.

But on Wednesday, the AG’s office seemingly wanted to clarify those remarks. When the Washington Post sought an interview with Marshall, his deputy communications director Cameron Mixon declined to make him available and told the paper: “The Attorney General’s beef is with illegal providers, not women.”

The Post characterized this response as Marshall “appear[ing] to back away from endorsing the prosecution of abortion seekers”—but Marshall didn’t say that. Rather, Mixon’s statement is only clarifying in the sense that it shows Marshall wants to threaten women and pregnant people with prosecution so that they snitch on the doctors and activists who provide abortion pills to people in states with bans.



https://www.yahoo.com/news/alabama-ag-a ... 00217.html
(original: Jezebel)
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Florida agency warns pharmacists not to dispense abortion pills

Cindy Krischer Goodman, South Florida Sun-Sentinel
Sun, January 15, 2023 at 7:02 PM GMT+1

With pharmacies in some states preparing to dispense abortion pills, Florida’s Agency for Healthcare Administration sent a letter Thursday to all state healthcare providers warning them that do so in Florida is illegal.

“The Agency issues this alert to remind providers that they must continue to comply with Florida laws that govern the performance of abortions,” the Florida agency said via an email.

The warning follows the U.S. Food and Drug Administration’s early January decision allowing retail pharmacies to stock and dispense abortion pills in states that allow the procedure.

Pharmacy chains including Walgreens and CVS both said they plan to get certified to dispense the abortion pill mifepristone in states where allowed. Mifepristone can be used to end an intrauterine pregnancy through 10 weeks gestation. It recently became the most common method of terminating a pregnancy in the United States.

Until now, pregnant people could either receive the pill directly from their doctor or have it prescribed via telemedicine and sent by mail, depending on their state’s laws. Pharmacies were not included in the process.

In Florida, abortion is legal up until 15 weeks of gestation. However, state law says only a physician can terminate a pregnancy, not a pharmacist, and it must be done in person after a 24-hour waiting period.

ACHA’s warning also referenced a Florida law stating “It is unlawful for any person to perform or assist in performing an abortion on a person, except in an emergency care situation, other than in a validly licensed hospital or abortion clinic or in a physician’s office.”

Florida is among 18 states where pharmacies are barred from dispensing the drugs either because abortion is illegal or because patients can only get the pills directly from a physician.

At news briefing Thursday, Gov. Ron DeSantis responded to a media question and said CVS and Walgreens will not be offering mifepristone at pharmacies in Florida.

In its email, the Florida agency’s alert made clear that willfully violating the abortion laws could result in criminal penalties and that the state would refer “any evidence of criminal activity” to local law enforcement.



https://www.yahoo.com/news/florida-agen ... 00670.html
(original: South Florida Sun Sentinel)
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Lani
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Post Roe Abortion Problems

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Post by Lani »

When I lived in Oz, after intercourse any woman could go to the pharmacy for the the pill. No fetus, no baby, no massive price. (Jeebus I miss OZ so often... health care in the US sucks.)
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