ACLU Sues in Effort to Make Abortion Pill Mifeprex Available at Pharmacies

HONOLULU, Hawaii — The American Civil Liberties Union (ACLU) has filed a lawsuit on behalf of a family planning organization, a pharmacist group, a physicians academy and a Hawaii doctor in an effort to challenge FDA regulations and make the abortion pill Mifeprex available at pharmacies nationwide.

“[S]ome women prefer medication abortion because it feels more natural, and allows them to pass the pregnancy in the privacy and comfort of their home,” the organization wrote. “Mifeprex allows a woman to have an abortion in a private, comfortable, and safe location, on her own terms.”

The ACLU notes that the FDA requires that the pill be provided at a medical office or hospital under the supervision of a medical professional, and only under the terms that the physician has registered with the manufacturer of Mifeprex. Abortive mothers must also sign an agreement that she has received counseling on the risks associated with taking the drug.

The woman can then ingest the pill whenever and wherever she wishes, which will then cause cramping and bleeding, and ultimately the death of her unborn child, who will consequently be expelled from her body.

Mifeprex is used for first trimester abortions up until the first ten weeks of pregnancy, and has reportedly ended the lives of three million children since it was approved in 2000.

The ACLU contends that not allowing Mifeprex to be available at local pharmacies makes it “particularly acute for women who live in rural or medically underserved areas, have low income, are experiencing domestic abuse, and/or are young.”

Graham Chelius of Kauaʻi, one of the plaintiffs in the case, states that because there are no abortionists on his island, mothers must travel elsewhere to end their child’s life. He says that if the FDA regulations were lifted, he would be willing to write women a prescription in his office, thus making abortion more readily available.

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“The time, costs, logistics, and emotional strain involved in traveling to O’ahu for care are insurmountable for some of Dr. Chelius’s patients. Because of the [regulations], some women on Kauaʻi have been forced to carry a pregnancy to term against their will,” the suit argues.

The ACLU is therefore seeking an injunction against the FDA’s Risk Evaluation and Mitigation Strategy (REMS) on Mifeprex and a court order that the restrictions be removed.

“Lacking any medical basis, they do not improve women’s health. Rather, by delaying and blocking access to abortion care, they harm women’s health,” the group claimed in a blog post. “The restrictions thus violate both the due process protections of the U.S. Constitution and the statutory authority under which the FDA must operate.”


As previously reported, in an introductory lecture to his course on obstetrics in 1854, Philadelphia Dr. Hugh Lennox Hodge explained that if a woman were to come to a medical doctor in pursuit of an abortion, “he must, as it were, grasp the conscience of his weak and erring patient and let her know in language not to be misunderstood that she is responsible to her Creator for the life of the being within her.”

“So low, gentleman, is the moral sense of community on this subject. So ignorant are even the greater number of individuals, that even mothers in many instances shrink not at the commission of this crime, but will voluntarily destroy their own progeny, in violation of every natural sentiment, and in opposition to the laws of God and man,” he said.

“The procuring abortion is ‘a base and unmanly act,’” Hodge also said, quoting in part text from a court ruling of his day. “It is a crime against the natural feelings of man, against the welfare and safety of females, against the peace and prosperity of society, against the divine command ‘Thou shalt not kill.’ It is murder.”

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  • Amos Moses – He>i

    28:17 Judgment also will I lay to the line, and righteousness to the plummet: and the hail shall sweep away the refuge of lies, and the waters shall overflow the hiding place.
    28:18 And your covenant with death shall be disannulled, and your agreement with hell shall not stand; when the overflowing scourge shall pass through, then ye shall be trodden down by it.
    28:19 From the time that it goeth forth it shall take you: for morning by morning shall it pass over, by day and by night: and it shall be a vexation only to understand the report.

  • Cady555

    Is there a verse that clearly forbids abortion?

    There are verses that clearly communicate opposition to divorce, gluttony, shellfish (an abomination) and women speaking in church.

    Jewish law says life begins at first breath. What is the verse that communicates opposition to abortion with clarity of other biblical commands?

    • Amos Moses – He>i

      “Jewish law says life begins at first breath”

      where ……..

    • cadcoke5

      I the “Jewish Law” you are referring to is definitely not the Law given to Moses. I think the most important scripture, that most directly addresses the issue is in the Law from EXOD. 21:22-25, where if men strike a woman with child, so that there is a miscarriage, the penalty is life-for-life. It is pretty clear from the original language, that the main subject is the harm to the child.

      And though not as strong an argument, throughout scripture, a person is often identified while they are still in the womb. So, they are considered a person in the womb.

      As an aside, in the U.S. Constitution, during the time the amendments granting the right to life were passed, a child in the womb was considered deserving of that protection. So, even our own Constitution recognized that right for those in the womb. The Roe vs. Wade decision simply ignored original intent.

      • Cady555

        The “life for a life” applies to injury to the woman. If she miscarries but she herself is not harmed the penalty is small.

        • Joseph Robert Dunfe

          From what I’ve read, the original Hebrew says it is the injury to the child that is the issue. Also, it the life of the child is not an issue, why even mention that the woman is with child? She alone would be covered other “life for life” laws.

          The u.s. Constitution says that due process for law is required to take the life of someone.

    • MarkSebree

      Numbers 5 gives a formula to make an abortion “potion” under the guise of testing a woman for infidelity. Notice that there is no similar test for men.

      • Cady555

        Yes. How important can abortion be if it is never forbidden?

  • This style 10/6

    1854! Obstetrics and medicine in general have come a long way since then.

    • Amos Moses – He>i

      not so much ….. legalized murder of children is not an advancement in medicine ……….. nor are “new procedures” to carry it out ……….. it is science denial ……

      • This style 10/6

        Science denial?

        • Amos Moses – He>i

          yeah … you know …. DNA and development of the child …… and you all want to shed a collective tear over LV and what happened there …..and demand that guns be made illegal …… but that many and more children are slaughtered in the womb ….. and you have no consistency to your position …….. if you truly believed your worldview …… one would cause you no more consternation than the other ….. after all it is just one bag of protoplasm putting holes in another bag of protoplasm ….. might hurt for a moment ….. but it all just boils down to HYPOCRISY ………. YOURS ………..

        • MarkSebree

          Always. Reality denial as well.

  • Lydia Church

    They will do anything to keep the evil and sin rolling in, and oppose what is good.