Texas Limits Abortion Even More As Gov. Abbott Signs Restrictions On Abortion-Inducing Drugs

Topline
Texas Governor. Greg Abbott signed additional restrictions on medical abortion into law. This effectively closed the last legal avenue for Texans who wanted to get legal abortions.

Pro-abortion rights demonstrators march outside Texas State Capitol, Sept. 1, in Austin, Texas. The Washington Post via Getty Images

The Key Facts

State records show that Abbott signed Senate Bill 4 into law (SB 4) on Friday. This bill was passed in August by the state legislature and prohibits anyone from giving abortion-inducing drugs to pregnant women except doctors. The law goes into effect December 2. It prohibits physicians from prescribing medication to women who are pregnant for more than seven weeks. This is in contrast to the 10 week limit that was allowed before the law took effect. This limit is set by the Food and Drug Administration (FDA). SB 4 also prohibits abortion medication being delivered via courier, delivery, or mail service. This is to reduce telemedicine and the sending of abortion pills by mail from outside states. The bill text states that violating SB 4 is a crime and a state felony. However, it does not specify that those who have had abortions are criminally liable. After Texas had banned surgical abortions after six weeks of pregnancy, the bill was amended by Senate Bill 8 (SB 8). This separate law states that a doctor may not in any way perform or induce abortions on a pregnant woman after this time, except in extreme medical circumstances. After SB 8 was in effect, a Center for Reproductive Rights attorney told reporters that they don't believe the law applies to self-managed or medical abortions. However, he acknowledged that private citizens are authorized to enforce SB 8 through private lawsuits and could still challenge self-managed abortions.

Big Number

38.6% 38.6%.

Chief Critic

Texas anti-choice politicians are attacking abortion access from all angles, NARAL Pro-Choice America Acting president Adrienne Kimmell stated Monday in a statement regarding Abbott's signing SB 4 into law. She said that the law blatantly tramples upon Texans fundamental rights and pushes access further out of reach.

Important Background

Two drugs are used to induce medical abortion. One is misoprostol which causes contractions and prevents the embryo being implanted. The other is mifepristone. According to the American College of Obstetricians and Gnecologists, medical abortion is safe and effective. Only 1% of medical abortions need emergency intervention for side effects such as excessive bleeding. According to the organization, more than 95% medical abortions are successful. The exact rate depends on the dosing regimen used and the gestational stage of the embryo or foetus. As GOP lawmakers have imposed stricter abortion restrictions, Texas SB 8 is the most restrictive. Google Trends data revealed that medical abortion searches rose by more than 5,000% following the announcement of the U.S. Supreme Court that they would be considering an abortion case that could uphold Roe v. Wade. As a result, a growing number of Republican-led States have attempted to restrict abortion pills. The Guttmacher Institute reported that eight states had already enacted restrictions in 2021. This excludes Texas.

What to Watch

The FDA is currently weighing whether to make permanent pandemic-era rules allowing abortion pills to be shipped by mail permanent. This could make abortion more accessible to people living in areas that have no laws limiting medical abortion. Currently, mifepristone must be administered in person by the agency. However, it temporarily lifted these restrictions during the pandemic. The Biden administration stated in May that they would consider whether to make this permanent.

Surprising Fact

The Satanic Temple is an unlikely advocate for medical abortion. On August 31, the group wrote to FDA asking for religious exemptions from the agency's restrictions on medical abortion. The group claimed that it uses abortion-inducing drugs in its Satanic Abortion Ritual, and that restrictions on access to the medication are a violation of religious liberty. Lucien Greaves, co-founder of Satanic Temple, stated in a statement that the group was expanding its role in order to expand access to abortion. Greaves stated that while there are many competing religious views in the battle for abortion rights, Greaves' view that the unviable fetus is an integral part of the impregnated human being is protected by Religous Liberty laws.

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Governor signs bill to limit abortion-inducing drugs Greg Abbott's desk will be signed into law by the Texas Tribune

A medication abortion bill is set to become law in Texas after Texas abortion was banned (NBC News).

Texas abortion ban shines spotlight on medication abortions

House members call on FDA to remove the requirement that an abortion medication be obtained in person (NBC News).