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Abortion opponents shift focus to pills with lawsuits, proposed laws and possible federal action

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Abortion opponents shift focus to pills with lawsuits, proposed laws and possible federal action
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Abortion opponents shift focus to pills with lawsuits, proposed laws and possible federal action

2024-12-23 13:23 Last Updated At:13:31

Opponents of abortion are increasingly focusing on restricting access to pills, which are the most common way to end a pregnancy in the U.S.

This month, the Texas attorney general's office filed a lawsuit against a New York doctor, saying she violated Texas law by prescribing abortion pills to a patient there via telemedicine. The suit represents the first lawsuit of its kind and could lead to a legal test for the New York law designed to protect providers there who prescribe the drugs to patients in states with abortion bans.

Anti-abortion officials are taking other steps, too, through legislation and lawsuits.

Abortion rights advocates are also concerned that President-elect Donald Trump's administration could take action to restrict access if it chose to.

By the time the U.S. Supreme Court overturned Roe v. Wade in 2022 and opened the door for states to ban abortion, over half of all abortions were obtained using medication, usually a combination of the drugs mifepristone and misoprostol.

The drugs are different than Plan B and other emergency contraceptives that are usually taken within three days after possible conception, weeks before women know they're pregnant. Studies have found they're generally safe and result in completed abortions more than 97% of the time, which is less effective than procedural abortions.

By last year, nearly two-thirds of abortions were from medications, according to a tally by the Guttmacher Institute, a research organization that supports abortion access.

Much of the growth has been through abortion pills prescribed via telehealth and mailed to patients. A survey conducted for the Society of Family Planning found that by the first half of 2024, such prescriptions accounted for about one-tenth of abortions in the U.S.

That number has risen rapidly since 2023 when some Democratic-controlled states started adopting laws that seek to protect medical providers in their borders who prescribe abortion pills via telehealth to patients in states where abortion is banned.

“Telehealth for abortion has been a huge success,” said Ushma Upadhyay, a professor at the Center of Health and Community and the University of California San Francisco. “It has helped people in an incredible way.”

Texas Attorney General Ken Paxton rolled out a new strategy in the fight over pills this month when he sued Dr. Maggie Carpenter, who is based in New York, alleging she prescribed and sent pills to a Texas woman.

New York is one of at least eight states with a law intended to protect medical providers who prescribe abortion pills to patients in states with bans.

If Texas prevails upon a judge to block Carpenter from prescribing in the state, it's unclear what would happen next. New York's shield law would bar it from being enforced in New York, said David Cohen, a professor at Drexel University’s Thomas R. Kline School of Law.

Cohen said he expects any ruling would not have a major chilling effect on other doctors who prescribe out-of-state patients. “They certainly seem undeterred by legal risk,” he said.

And, he said, like illegal drugs, they'll continue to be available if there's a demand for them. Cohen said Paxton “is going to plug one hole if he succeeds. There's no way he plugs them all.”

Pill prescribing has already withstood one key effort to block it. The U.S. Supreme Court this year ruled that a group of anti-abortion physicians and organizations that represent them lacked the legal standing to force the undoing of federal approvals for mifepristone.

The state attorneys general from Idaho, Kansas and Missouri responded in October with a legal filing contending that they can make such an argument. Instead of focusing on the drug’s initial approval in 2000, they’re looking at later changes from the U.S. Food and Drug Administration that allow its use for the first 10 weeks of pregnancy and telemedicine prescriptions.

There hasn't yet been a ruling on their case. When there is, it will likely be appealed to a higher court.

This year, Louisiana became the first state with a law to reclassify both mifepristone and misoprostol as “controlled dangerous substances.” The drugs are still allowed, but medical personnel have to go through extra steps to access them.

Some doctors said in a legal challenge that the change could cause delays in administering them in emergencies, such as when a woman is hemorrhaging after giving birth.

Dr. Jennifer Avengo, director of the New Orleans Health Department, said that in the first few months of enforcement, she did not hear of any cases where the drugs could not be accessed in time.

Additional states are considering ways to restrict abortion pills in their 2025 legislative sessions.

In Tennessee, a Republican state lawmaker has proposed creating a $5 million civil liability against those who deliver or help access abortion pills with the intent of helping someone end a pregnancy.

Rep. Gino Bulso said he filed the bill after learning that abortion pills were being sent to Tennessee despite state law prohibiting such actions. “I began to think about how we might be able to both provide an additional deterrent to companies violating the criminal law and provide a remedy for the family of the unborn children,” he said.

A proposal in Missouri would make it a crime to deliver mifepristone or other drugs with the intent of causing an abortion. In November, the state's voters adopted a constitutional amendment to allow abortion until fetal viability — which is somewhere past 21 weeks into a pregnancy, though there's no fixed timeframe.

Trump's administration also could take action on the pill policy.

One approach that abortion rights advocates have warned about — and which some abortion opponents have suggested — includes enforcing an 1873 law against pills that bans mailing medications or instruments used in abortion. President Joe Biden's administration has declined to do so.

The FDA could also change its approvals of the drugs, even without being forced to do so by a court ruling.

During his campaign, Trump flip-flopped on abortion policy and at points attempted to distance himself from abortion opponents. Since he won the election, though, he has nominated abortion opponents to administration posts.

In an interview with Time magazine published this month, he gave rambling answers to questions about pills. He said he intended to maintain access but also left the door open to changing his mind.

Associated Press reporter Kimberlee Kruesi contributed to this article.

FILE - People march through downtown Amarillo to protest a lawsuit to ban the abortion drug mifepristone, Feb. 11, 2023, in Amarillo, Texas. (AP Photo/Justin Rex, File)

FILE - People march through downtown Amarillo to protest a lawsuit to ban the abortion drug mifepristone, Feb. 11, 2023, in Amarillo, Texas. (AP Photo/Justin Rex, File)

FILE - A patient prepares to take the first of two combination pills, mifepristone, for a medication abortion during a visit to a clinic in Kansas City, Kan., Oct. 12, 2022. (AP Photo/Charlie Riedel, File)

FILE - A patient prepares to take the first of two combination pills, mifepristone, for a medication abortion during a visit to a clinic in Kansas City, Kan., Oct. 12, 2022. (AP Photo/Charlie Riedel, File)

FILE - Mifepristone tablets are seen in a Planned Parenthood clinic Thursday, July 18, 2024, in Ames, Iowa. (AP Photo/Charlie Neibergall, File)

FILE - Mifepristone tablets are seen in a Planned Parenthood clinic Thursday, July 18, 2024, in Ames, Iowa. (AP Photo/Charlie Neibergall, File)

Next Article

'Squid Game' returns looking for win with season 2

2024-12-23 13:19 Last Updated At:13:31

Stepping onto the set of “Squid Game” season two, Lee Jong-jae felt like he had never left.

“Including promotion, I'd been living with Gi-hun for about two years," said Lee in a recent interview. “I really felt like I was him," he said in a recent interview.

“Squid Game” follows an underground competition in Korea that recruits people in debt to participate in childlike games for money. Once the games begin, the contestants realize there are deadly consequences.

The show was a global hit when it was released in 2021, becoming Netflix's most-watched series. It also won numerous accolades including Primetime Emmy Awards for acting for Lee Jung-jae and directing for Hwang Dong-hyuk. Lee's career catapulted, taking him to the Cannes Film Festival and giving him his first English-language role in the “Star Wars” series “The Acolyte” for Disney+.

Lee says when Netflix ordered a second season of “Squid Game,” he questioned the timeline because it took Hwang years to work on the first one. "I wondered, ‘How many years will it take him to write season two,’" said Lee. Hwang, in turn, surprised everyone — including himself — by taking just six months to write season two and a third and final season. “I'm not sure I'll ever be able to write something that fast again,” he said.

Creating new characters and their individual stories came easily. The biggest, challenge, Hwang said, was deciding what should happen with Gi-hun. Lee says when he read the scripts he thought Hwang “really is a genius.”

It's rare for even successful TV shows in Korea to have more than one season so it was a big swing, even for the new cast.

“There’s a Korean phrase, ‘there’s not a sequel that does better than its prequel,’ said actor Yang Dong-geong, whose character debuts in season two. "I've been careful because we aren't really sure what the reaction will be.” The outlook is positive. Season two has already been nominated in the best drama series category at the upcoming Golden Globe Awards.

The opportunity to work on a project with worldwide appeal is a dream come true for a performer. Lee Byung-hun, who reprises his villain role from season one, has appeared in big budget English-language films like “G.I. Joe: The Rise of the Cobra” with Channing Tatum and Dennis Quaid and “Red 2” with Bruce Willis. It's “Squid Game” that he credits for taking his career to another level.

“I’ve been an actor for over three decades and ... maybe most people outside of Korea have never seen anything that I’ve been in. If anyone through ‘Squid Game’ wishes to see more of me or becomes more curious about my previous works, as an actor, nothing would be more rewarding or bring me greater joy."

The audition process moved slowly. Jo Yu-ri recalls waiting two months between the first and second-round. When she finally got the part Jo says, “I actually remember crying.” The actors were asked to not speak publicly about their casting to wait for Netflix to make an announcement. “There were a couple of close friends that popped champagne for me when they found out," said Yang.

Netflix's “Squid Game” universe is also growing. A second season of a reality competition show based on the series has been ordered and an English version is in development. Season three of the original has also completed filming and is in post-production.

Season two is not without controversy. The new episodes feature a transgender character played by Park Sung-hoon. Hwang says he understands why hiring a trans actor would have been ideal, but that the casting is a reflection of how the LGBTQ community and gender identity is viewed in Korea.

“To be honest with you, in Korea, when it comes to the LGBTQ and gender minority community and culture compared to the Western worlds, it’s not as widely socially accepted yet. Unfortunately, a lot of the groups are marginalized and neglected from society, which is heartbreaking," said Hwang.

“We don’t have a very large pool of actors that allow for authentic casting when it comes to transgender characters. We did our research. We tried to find someone who we thought could be the best fit. However, we weren’t able to.” Hwang also went on to say that Park's talent and approach to the character ended up making him “the perfect fit.”

__

Leslie Ambriz in Los Angeles contributed to this report.

Jo Yu-ri, from left, Lee Byung-hun, Lee Seo-hwan, Hwang Dong-hyuk, Im Si-wan, Lee Jung-jae, Yang Dong-geun, and Kang Ae-sim arrive at the premiere of the second season of "Squid Game" on Thursday, Dec. 12, 2024, at Los Angeles City College in Los Angeles. (AP Photo/Chris Pizzello)

Jo Yu-ri, from left, Lee Byung-hun, Lee Seo-hwan, Hwang Dong-hyuk, Im Si-wan, Lee Jung-jae, Yang Dong-geun, and Kang Ae-sim arrive at the premiere of the second season of "Squid Game" on Thursday, Dec. 12, 2024, at Los Angeles City College in Los Angeles. (AP Photo/Chris Pizzello)

Actor Lee Byung-hun poses during a photo call for Netflix's "Squid Game" season two at Metrograph on Monday, Dec. 16, 2024, in New York. (Photo by Evan Agostini/Invision/AP)

Actor Lee Byung-hun poses during a photo call for Netflix's "Squid Game" season two at Metrograph on Monday, Dec. 16, 2024, in New York. (Photo by Evan Agostini/Invision/AP)

Actor Lee Jung-jae poses during a photo call for Netflix's "Squid Game" season two at Metrograph on Monday, Dec. 16, 2024, in New York. (Photo by Evan Agostini/Invision/AP)

Actor Lee Jung-jae poses during a photo call for Netflix's "Squid Game" season two at Metrograph on Monday, Dec. 16, 2024, in New York. (Photo by Evan Agostini/Invision/AP)

Lee Byung-hun, left, Hwang Dong-kyuk and Lee Jung-jae pose together during a photo call for Netflix's "Squid Game" season two at Metrograph on Monday, Dec. 16, 2024, in New York. (Photo by Evan Agostini/Invision/AP)

Lee Byung-hun, left, Hwang Dong-kyuk and Lee Jung-jae pose together during a photo call for Netflix's "Squid Game" season two at Metrograph on Monday, Dec. 16, 2024, in New York. (Photo by Evan Agostini/Invision/AP)

This image released by Netflix shows Lee Jung-jae in a scene from "Squid Game." (No Ju-han/Netflix via AP)

This image released by Netflix shows Lee Jung-jae in a scene from "Squid Game." (No Ju-han/Netflix via AP)

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