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Is it possible to obtain abortion pills in states that banned abortion?

Tuesday, June 28, 2022
By Austin Tannenbaum
YES

There are still ways for individuals to obtain abortion pills in states that have banned abortion following the overturning of Roe v. Wade.

One method is to have them shipped internationally from providers such as Aid Access that fall outside of U.S. jurisdiction.

Another is to have them shipped to a "virtual mailbox" in a state that has not banned abortion and then have the package forwarded. 

The pills, mifepristone and misoprostol, are approved for use in the first 10 weeks of pregnancy.

According to NBC, "At least eight states banned all forms of abortion, including the abortion pill mifepristone, within hours of the Supreme Court’s decision."

The legality of state abortion-pill bans is disputed. Some, including Attorney General Merrick Garland, argue that states cannot ban FDA-approved medication, as federal drug approval trumps state actions. Others, such as constitutional scholar Katie Watson, suggest that by permitting abortion bans, the Supreme Court decision may be interpreted to empower states, which "traditionally ... get to regulate the practice of medicine," to decide on abortion-related matters within their borders independently of the federal government.

This fact brief is responsive to conversations such as this one.
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