Mike Brickner is the executive director of the American Civil Liberties Union Delaware.
The ongoing federal court case in Texas over whether the Food and Drug Administration may continue to authorize the use of mifepristone illustrates the dangerous new extremes that abortion opponents are pushing for these days.
Mifepristone is one part of a two-drug regimen that has been described as the “gold standard” for medication abortions. It is highly effective, safe and has been in use for decades in the United States. While the U.S. Supreme Court declined to pull mifepristone from the shelves as of now, the 5th Circuit Court of Appeals heard the case May 16 and could rule at any time — once again putting access to this vital medication in danger.
Anti-abortion extremists have demonstrated that they are not satisfied with the overturning of Roe v. Wade; they will continue to find new ways to attack abortion access until it is banned across the nation. Creating uncertainty around abortion access and available services across states makes it harder for many to receive care.
One thing is certain: The ultimate question of whether mifepristone remains widely available is extremely likely to end up before the U.S. Supreme Court. It will be the first major test of the court since the Dobbs decision that stripped federal abortion rights protections from Americans last year.
Many Delawareans may be comforted by the fact that the state codified abortion rights into state law in 2017. While this was a wise move by legislative leaders, given the increasingly radical steps anti-abortion groups have taken, it does not guarantee access by any means. The court decisions on mifepristone could end with removing the drug from the market across the country, meaning it would no longer be available, even in states like Delaware.
While the single drug misoprostol will still be in use for medication abortions, it is not as effective as the two-drug combination and is more likely to include side effects. A court ruling that limits or ends access to mifepristone will also continue to choke access for the dozens of states that already severely restrict or ban abortion. This, in turn, will place more stress upon Delaware’s reproductive health care system, as out-of-state patients flood in to receive care.
If there’s anything we can be sure of when it comes to anti-abortion groups, it’s that enough is never enough for them. Whether by targeting other medications, trying to limit providers or attempting to get federal courts to rule that fetuses have constitutional rights beyond those of the people carrying them, these extremists will find new ways to attack reproductive health care, even in “safe” states like Delaware.
For these reasons, Delaware leaders must support House Bill 110, which would allow Medicaid funding for abortion services. It would also require private insurance and the state’s health care plan to cover abortion services without coinsurance or deductibles.
For many low-income people, the cost of an abortion is a barrier that forces them to shift funds from essential items like groceries, rent and child care. Cost should never prevent someone from being able to have full autonomy over their health care. Removing these barriers will ensure every person can make the decision that best suits their needs. At times like these, our lawmakers must do all that is within their power to strengthen access and guarantee reproductive freedom in the state.
In 2022, legislators took a significant step forward by allowing advanced practice clinicians to perform medication and procedural abortions, which have proven to be extremely safe and fully within their scope of care. With the potential of more out-of-state patients coming to Delaware, it is more critical than ever for the state to have enough qualified medical personnel to assist these patients. To fully realize this policy change, legislators must next work to fund training programs to ensure that physician assistants, registered nurses, midwives and other advanced practice providers are able to step into this work during this critical time.
As abortion becomes more restricted across the nation, threats against those who provide abortion care have increased. Those who provide reproductive health care services should not be in fear of their and their family’s safety. States like New York, Colorado, New Mexico and California have passed laws that protect the private information of providers, to help give them some security that they will be safe from harassment or violence. Delaware should consider such measures, as well.
Lastly, legislators should further solidify the important stance Delaware took by codifying abortion access into state law. Such a significant human right deserves to be enshrined in our state’s constitution. Delawareans overwhelmingly support access to abortion, and this will guarantee that it is more strongly protected well into the future. While a constitutional amendment is difficult to pass in the state, many legislators from both political parties have voiced support for abortion rights.
Now is the time to demonstrate that commitment through action.