Maryland Gov. Wes Moore, AG Anthony Brown applaud Supreme Court upholding abortion medication access
Gov. Wes Moore declared Thursday’s U.S. Supreme Court decision to continue to allow access to a contested drug approved to provide medication abortions “a win” for reproductive justice.
“Let me be clear: reproductive freedom is non-negotiable,” Moore, a Democrat, said in a statement.
In early 2023, the Supreme Court began to grapple over the U.S. Food and Drug Administration’s long-standing approval of the medicine mifepristone (meh FE’ pri-stone) — one of two pills prescribed in medication abortions.
The drugs mifepristone and misoprostol (me ZOH prost’ ol) are used in 98% of medical abortions. According to the Guttmacher Institute, a research nonprofit that aims to advance sexual and reproductive health and rights, medication abortions account for more than half of U.S. abortions.
Medication abortions can be performed using only misoprostol, but medical professionals say patients may need to take multiple doses for it to work and side effects can last longer than with the two-pill regimen.
In November 2022, the Alliance Defending Freedom legal group filed a lawsuit against the U.S Food and Drug Administration in a Texas federal court in an attempt to revoke mifepristone’s long-standing approval as a drug used in medication abortions. They argue the FDA didn’t adequately assess the safety risks when it approved the drug in 2000.
The Supreme Court ruled Thursday to preserve the approval of mifepristone, thwarting the attempt at limiting abortion federally.
“Attempts to restrict access to mifepristone were not based on scientific or legal justification, but political motivation to dismantle women’s rights to make decisions for their own healthcare,” Moore said in a statement Thursday.
Maryland Attorney General Anthony Brown, a Democrat, joined a lawsuit in 2023 challenging the restrictions on mifepristone.
“Restricting access would have created a disproportionate burden for people of color, low-income and LGBTQIA+ members of society, people living in rural areas, and people with disabilities,” Brown said in a statement. “Rest assured, however, I remain vigilant. While this battle is won, we know that there are challenges looming that could threaten the reproductive freedoms we cherish here in Maryland. I will continue to take this fight wherever it leads.”
In April 2023, the state entered into a memorandum of understanding with the University of Maryland Medical System to procure a stockpile of mifepristone with the health system using state funds in case it lost its FDA approval. The Maryland Board of Public Works, which approves state procurement contracts, greenlit the over $1 million agreement that June.
California, Massachusetts and New York also stockpiled abortion pills ahead of the ruling.
Moore said in April 2023 that the state was looking to secure enough mifepristone to last 2 1/2 years at the rate it’s currently prescribed in Maryland. The Maryland Department of Health was unable to detail when asked how much of the state-secured mifepristone is currently available Thursday afternoon.
“Though today’s ruling is a necessary step in the right direction, over a dozen states still have near-total abortion plans in place,” said Moore. “Maryland will remain vigilant, continuing to stand proudly with other states to protect reproductive rights and ensure that Maryland remains a safe haven for abortion and reproductive healthcare access.”
Further taking the issue into its own hands, Maryland’s Democrat-controlled legislature worked during the 2022 and 2023 legislative sessions to expand access to abortion care, and sought to ensure that providers and anyone who enters the state to receive treatment are protected from criminal investigations in other states.
In November, voters will determine if the right to reproductive freedom, including birth control and abortion care, should be enshrined in the state constitution.