The Fifth Circuit Proves Abortion Is on the Ballot this November

A highlight of being in Ireland has been following the local news, especially the robust abortion beat: Irish lawmakers have been waging a loud fight to expand abortion rights—in particular, to ensure unnecessary waiting periods don’t impede access to care.

The Fifth Circuit Proves Abortion Is on the Ballot this November

A highlight of being in Ireland has been following the local news, especially the robust abortion beat: Irish lawmakers have been waging a loud fight to expand abortion rights—in particular, to ensure unnecessary waiting periods don’t impede access to care.

Breaking headlines from the United States were a dark juxtaposition.

The U.S. is one of only four nations worldwide actively rolling back reproductive rights.

And now we’re threatened with yet another fight: The Fifth Circuit Court of Appeals issued a ruling late last week aiming to create the most significant setback to abortion access since the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision four years ago.

The three-member panel, two of whom are Trump appointees, blocked a 2023 FDA policy allowing mifepristone to be prescribed by telehealth providers and delivered by mail—a decision that applies to all states, whether abortion is legal or not, and where voters have mobilized to pass ballot measures and enshrine reproductive rights in their state constitutions.

This Fifth Circuit ruling is not the final word on the case. The two pharmaceutical companies that make mifepristone, Danco and GenBioPro, immediately filed an emergency appeal to the Supreme Court. On Monday, Justice Samuel Alito announced an administrative stay through May 11, meaning the decision is on hold until at least then, while the justices review the appeal and decide whether the medically unnecessary in-person dispensing requirements can be reimposed for the duration of the litigation.

In the spirit of the fighting Irish, readers should take heart that the community of U.S. abortion providers, advocates and support networks “have shown amazing resilience and tenacity since the Dobbs decision,” according to Kelly Baden of Guttmacher. “They will continue to do what they can do to ensure that everyone, regardless of where they live, can access the abortion care they need.”

So, for now, our citizen mobilization strategy must be twofold: Support those who directly deliver those services and get ready to get loud. The abortion fight shows that access to healthcare, the integrity of science, the rules of democracy, and the right to bodily autonomy are not only all interconnected, but they are all on the ballot this November.

The post The Fifth Circuit Proves Abortion Is on the Ballot this November appeared first on Ms. Magazine.

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