Supreme Court could drop California's shield for doctors who mail abortion pills

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California's new law protecting in-state doctors and pharmacists who prescribe and provide the abortion pill to out-of-state patients could be upended by the Supreme Court if the justices choose to review the Food and Drug Administration's approval of mifepristone.

Boxes of the drug mifepristone sit on a shelf at the West Alabama Women’s Center in Tuscaloosa, Ala., on March 16, 2022. The Supreme Court is being asked to reverse an appellate ruling that would cut off mail-order access to …California’s new law protecting in-state doctors and pharmacists who prescribe and provide the abortion pill to out-of-state patients could be upended by the Supreme Court if the justices choose to review the Food and Drug Administration’s approval of mifepristone.

However, if California’s law is able to remain on the books, it would prevent state courts from sending information about their residents and doctors to other states that may have strict laws governing abortion, such as Texas, which has outlawed the procedure except in instances to save the life of the mother, he said.

The Justice Department appealed to the Supreme Court after the lower courts restricted the use of mifepristone. The high court stayed the appellate court order as it mulls the issue, so the pill remains available during the appeals process. The last time the justices took up the issue of abortion, they overturned Roe v. Wade, the landmark 1973 ruling that legalized the procedure nationwide. The ruling sent the issue back to the state legislatures.

California’s law was signed last month by Mr. Newsom, but Erwin Chemerinsky, a law professor at the University of California, Berkeley, says it is likely to face legal scrutiny.

 

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