Pro-lifers are concerned about the growth of mail-order abortion services under so-called “telemedicine protection laws.” These state laws protect doctors who prescribe and send abortion-inducing drugs to states where abortion is illegal. Although the government portrays these services as “essential health care” for women in states without abortion access, pro-lifers argue that these organizations are violating the law.
Mail-in abortions are chemical abortion kits sent through the mail that contain two medications: mifepristone, which ends the pregnancy by blocking a hormone necessary for the embryo’s growth and survival, and misoprostol, which triggers uterine contractions to expel the fetus.
Despite their serious consequences, these kits gained significant traction during the Covid-19 pandemic when the FDA allowed online prescription and mail-order of mifepristone. This temporary rule was made permanent in December 2021, leading to an influx of chemical abortion kits.
Only eight states have abortion protection laws that protect online prescribers from investigation and bar them from cooperating with law enforcement agencies in other states. These laws have led to a sharp increase in chemical abortions, especially in states with strict abortion laws.
However, the health risks associated with chemical abortions are serious and include infections, excessive bleeding, incomplete abortions, and undiagnosed ectopic pregnancies, which can be fatal if left untreated. In addition, these abortions can be physically and psychologically traumatic, as most are performed without a doctor present.
The protections afforded to mail-in abortion providers by the Shield Laws are currently being challenged by pro-life states. These states claim that these laws violate their sovereignty and the safety and welfare of their citizens. However, litigation is difficult because a person who received the abortion kit must cooperate with investigators. A cooperator has yet to be found.
The proliferation and simplistic portrayal of chemical abortion as quick, easy, and safe undoubtedly poses serious risks to women. Legal protections should ensure the safety of women and their unborn children from potentially dangerous procedures, rather than protecting providers who violate state laws and civil rights. At the same time, pregnant women considering abortion should be better informed about potential complications, given access to comprehensive resource networks, and counseled about possible reversal protocols should they change their minds after taking the first abortion pill.
