Implementing international insights to safeguard abortion rights in the United States.
Following the 2022 overturning of Roe v Wade by the US Supreme Court, which stripped away the federal constitutional right to abortion, the legal and healthcare landscape has grown more complex due to state-level policies. With twenty states enforcing stringent abortion bans or restrictions, recent legislation has further hindered access to abortion medication and services. Notably, Wyoming became the first state to explicitly prohibit the use of abortion medication.
In response, advocates for abortion rights in the US have
sought to extend federal protections, prompting significant actions by the
federal government to safeguard and broaden access to medication abortion.
Recognizing the challenge of passing legislation in Congress due to a lack of a
pro-abortion majority, the focus has shifted towards strengthening executive
branch rules and guidance. Key developments include the removal of the
in-person dispensing requirement for mifepristone by the US Food and Drug
Administration in January 2023 and the Department of Justice's December 2022
ruling permitting the mailing of mifepristone or misoprostol to those seeking
an abortion.
While these federal-level efforts are crucial, they alone
may prove inadequate to uphold and expand abortion access, especially in the
face of potential legal challenges, particularly if an anti-abortion
administration assumes power in 2024.
In contrast to the restrictive trend in the US, the global
trajectory is towards the liberalization of abortion laws. Worldwide,
successful strategies include strategic litigation, referendums, and innovative
advocacy models that integrate law, public health, and activism, resulting in
the legalization, restoration, and protection of abortion rights.
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