Two cases regarding abortion rights were brought before the Supreme Court this term in a further attempt to strip away our reproductive rights. The first regards medical abortion, or the abortion pill. The second case is over the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals to provide life saving medical care – including abortions.
The Abortion Pill is Safe. For Now
The Supreme Court has ruled that the status of the abortion pill Mifepristone will remain unchanged. Patients at our Michigan abortion clinics will continue to be able to access medical abortion care. This includes services via our new telehealth abortion pill services.
It is important to note that the court made this decision based on a lack of standing by those who brought the suit – that is to say, those who sued to challenge the availability of the abortion pill did not have a sufficient legal reason to do so. But that does not mean that further attacks won’t come.
Anti-abortion advocates are still working tirelessly to limit access even in states where abortion is legal, which could dramatically impact michigan abortion clinics. A hostile president could appoint someone to head the FDA to revoke approval for the abortion pill. An anti-abortion majority in congress could pass a national ban on abortion care that supersedes state laws. We must remain diligent.
Emergency Abortion Care
The Supreme Court has dismissed the case regarding emergency abortion care as “improvidently granted”—meaning the Court shouldn’t have accepted the case to begin with. This ruling means that emergency abortion care in Idaho, where the suit originated, will be allowed as per the lower court’s ruling.
However, this move also means that the 5th Circuit’s ruling that EMTALA does not include abortion care in Texas will remain.
Essentially, the Supreme Court kicked the can down the line – leaving cases regarding EMTALA and patients’ lives in the hands of lower courts.
Why? It’s an election year. Further SCOTUS rulings against abortion are likely to shake up voters as Dobbs V Jackson did in 2022. The court’s lack of a decision keeps the election open for anti-abortion politicians – and the door open for further attacks on our rights.
In Michigan Courts:
Meanwhile, three restrictions on abortion in Michigan are also being challenged. 24 hour waiting periods, mandatory biased counseling, and a prohibition on advanced practice clinicians providing abortion care. While abortion is legal in Michigan, anti-abortion politicians have still passed medically unnecessary restrictions over the years in order to make care more difficult to access.
We are happy to tell you that these restrictions are currently blocked by a court injunction while proceedings determine their legality under the Reproductive Freedom for All Amendment. Patients at our Detroit, Michigan abortion clinics will no longer have these obstacles when seeking care.
If you are seeking abortion care in Westland, Sterling Heights, Southfield, or the metro Detroit area, please contact us.