Stemple Quoted on FDA Pathway to Increasing Abortion Access

Pink Sheet
Partner Hillary Stemple was quoted by Pink Sheet on how the US Department of Health and Human Services (HHS) and US Food and Drug Administration (FDA) could expand access to medication abortion, in line with President Biden’s July executive order, “Protect Access to Reproductive Healthcare Services.”

Hillary said, “The single biggest thing FDA and HHS could do is to remove the [Risk Evaluation and Mitigation Strategy (REMS)] for mifepristone. Removing these requirements, particularly the prescriber agreement and pharmacy certification, would increase the likelihood mifepristone would be more available and the likelihood physicians and practitioners would prescribe the drug in the first place.”

Hillary added that explicitly allowing physicians to prescribe mifepristone in advance of pregnancy could also open up access.

However, states may still try to restrict access to the drug by issuing a state-wide ban, a move with Hillary said could violate the Supremacy Clause of the US Constitution.

"But with the Dobbs decision and some of the aggressive steps states are taking, it would not be a surprise if courts were coming out on the other side of the issue,” she said.

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