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Reader,

Two weeks ago I wrote in this space about what I see as a misstep on abortion access by the Biden administration, namely efforts by the Food and Drug Administration to curb advance provision of abortion pills. Well, today, I have an exclusive update for y’all. 

Abortion providers are clapping back. 

In an open letter to the FDA first sent to Rewire News Group, providers have made it clear to the Biden administration that advance provision of abortion pills is quite simply good medicine.

“Abortion pills are safe and effective, and we should be making it easier to get them in the hands of people who want them,” the letter states. “The FDA, itself, acknowledges that people can safely use abortion pills prescribed after a telehealth appointment, so why shouldn’t we have the option to have abortion pills on hand in case we need them?” 

We are in the throes of an escalating human rights crisis thanks to the Supreme Court, and if the midterm elections proved anything, it is that protecting abortion rights and access is more popular than ever. Democrats and the Biden administration have one really good shot to immediately tackle the harm that conservatives and the Supreme Court have unleashed. Why would they squander that chance with half-measures and narrow-minded thinking? 

It’s because of abortion stigma—and the providers’ letter to the FDA says as much: 

“Criticism of advance provision of abortion pills by clinicians—who are offering evidenced-based health care options—is yet another example of regulators treating abortion differently from other types of health care.”

My hope is that White House officials, with the midterm election results fresh on their minds, take this letter in the spirit it was intended and back away from critiquing the advance provision of abortion pills.

Jessica Mason Pieklo signature

Jessica Mason Pieklo
Senior Vice President, Executive Editor

If you're reading this email, you probably care about the urgency of this moment for abortion rights and access. Invite a friend to subscribe to our newsletter for expert analysis on the latest news.
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VILLAIN OF THE WEEK 

Back when Roe v. Wade was overturned and abortion bans took effect across the country, several corporations announced plans to offer travel benefits for employees. 

Welp, it turns out that Andrea Lucas, the Republican commissioner of the Equal Employment Opportunity Commission—the federal agency charged with enforcing workplace equality laws—doesn’t like this benefit and has quietly opened investigations into at least three companies for providing it. These “commissioner charges” are rare, and the targeted businesses are reportedly taking them very seriously.

According to Bloomberg, Lucas claims the benefit is discriminatory because it “favors” workers seeking abortions while discriminating against pregnant workers and disabled workers because those companies are not offering equivalent benefits for their medical needs. 

You read that correctly—offering a health-care benefit is apparently discriminatory.

STATES SPOTLIGHT 

Georgia! Congratulations on having your six-week abortion ban blocked! 

The ruling came in a lawsuit brought by reproductive justice advocates at SisterSong, and it means that, for now at least, abortion is legal in Georgia through 20 weeks. 

Fulton County Judge Robert McBurney struck down the abortion ban on the grounds that it was void from the start under the Georgia Constitution, which prohibits legislation that violates federal constitutional precedent. The Peach State had passed the six-week ban in 2019 when Roe v. Wade was still good law. The ban had been in effect since July while the lawsuit challenging it proceeded.  

While we fully expect Georgia officials to appeal this ruling, let’s celebrate the win while we can.

ICYMI 

“Crisis pregnancy centers” often use misinformation and other deceptive tactics to dissuade people from having abortions. But they’re also often the only organizations in a community offering free services like pregnancy tests and baby supplies. 

As abortion is banned and clinics close across large swaths of the country, there is an urgent need to provide alternatives to CPCs. So why aren’t there more of them? Garnet Henderson digs into that question this week, which you can read here.

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