Could access to the abortion pill be threatened under the new Trump administration? : Blueprints

Access to medical abortion pills could be restricted under the upcoming Trump presidency. Charlie Neibergall/AP .

switch captionCharlie Neibergall/AP

As millions of Americans woke up Wednesday morning to the news that Donald Trump had won the presidency, Dr. Angel Foster realized she was about to be very busy.

Foster is co-founder of the Massachusetts Medication Abortion Access Project, or MAP, a telehealth provider that mails abortion medications to patients across the United States, including in states where it is illegal.

According to Foster, on a typical day, between 130 and 140 people fill out the organization's intake form, but the day after the presidential election, there were more than 1,000.

“It's been a very, very difficult few days for our team,” Foster said, adding that many of these patients are not pregnant, but are instead purchasing the drug for future use.

MAP is one of several telehealth abortion providers seeing an influx of requests. Last week, Aid Access, Hey Jane and Wisp all told NPR that they had experienced a surge in orders for abortion pills.

Although President-elect Trump has promised to veto any federal ban on abortion, he can still use executive branch powers to restrict access. And since the majority of abortions in the United States are performed using a two-pill regimen that essentially causes miscarriage, any efforts to limit abortion care will likely target these drugs.

It's understandable that people are afraid right now, given what happened under the first Trump administration, says Brittany Fonteno, president of the National Abortion Federation, an organization that represents doctors and clinics that practice abortion. 'abortion.

“We can expect that a second Trump administration without guardrails, without the protection of Roe v. Wade, could be even more devastating for abortion rights and access,” Fonteno says.

For example, it is possible that Trump will ban telehealth abortion. Or it could impose restrictions on prescribing or mailing abortion pills. Thanks to the Supreme Court's conservative majority, regulatory changes are more likely to withstand legal challenges.

During his last term, Trump nominated three justices to the Supreme Court, including to the vacancy left by the late Ruth Bader Ginsburg, a champion of abortion rights. This led to the overturning of Roe v. Wade and the end of the constitutional right to abortion in 2022.

Any changes in federal abortion policy will likely come through the Department of Justice or the Department of Health and Human Services. Trump's picks to lead these departments have conflicting positions on abortion.

Trump announced he would nominate Florida Rep. Matt Gaetz as his next attorney general. Gaetz opposes abortion. If confirmed, he will decide how to enforce laws, including the Comstock Act, a dormant anti-obscenity law dating to the 1800s that could be used to try to ban abortions nationwide.

In contrast, Trump wants Robert F. Kennedy Jr., who supports abortion rights, to be his secretary at the Department of Health and Human Services. That department oversees the Food and Drug Administration, which governs rules regarding abortion drugs, such as whether pills can be mailed or prescribed via telehealth.

This issue is particularly critical as the Biden administration has relaxed rules around prescribing and dispensing abortion medications, expanding access to telehealth care. The policy change particularly benefited people living in communities that lack access to abortion care. In fact, nearly one in five abortions in the United States are performed via telehealth.

Between 2020 and 2023, the number of abortions in the United States increased by 11%, according to the Guttmacher Institute, a think tank that supports abortion rights.

Anti-abortion groups see the expansion as a major threat to their goals.

“The pro-life movement has a lot of work ahead of us,” says Kelsey Pritchard and Susan B. Anthony Pro-Life America, a powerful anti-abortion lobby. The group said it was focused on dismantling the Biden-Harris administration's policies.

Students for Life of America's legislative agenda includes passing state and federal laws limiting access to abortion pills, which they call chemical abortion. They say they have the support of many state legislators as well as many Republican members of Congress.

Although the Trump administration will have many tools at its disposal to restrict access to abortion, the president-elect has not said exactly what he would do or when he might do it. Legal experts say it's also unclear how challenges to new regulations or laws will play out in court.

In the meantime, patients are looking ahead to a new era.

In addition to increased demand for abortion pills, Hey Jane and Wisp also report increased demands for emergency contraception, which prevents sperm from fertilizing an egg. A similar thing happened after Roe was overturned, Wisp CEO Monica Cepak recalls.

“I think you see these moments as a rallying call for women to take agency and take more ownership of their health,” Cepak says.

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