Politics

/

ArcaMax

Bryan Clark: Idaho attorney general's argument against mifepristone -- We need more teen mothers

Bryan Clark, The Idaho Statesman on

Published in Op Eds

BOISE, Idaho — A factually baseless effort to have the courts force the Food and Drug Administration to make mifepristone harder to obtain — that is, to have the courts legislate national abortion policy — was relaunched on your dime in October.

The case, originally filed by a small group of doctors opposed to abortion rights, who were represented by the far-right Alliance Defending Freedom — to which Attorney General Raúl Labrador has signed over your interests — tried to force the FDA to restrict access to the drug. The poorly crafted lawsuit was unanimously thrown out by the supermajority conservative U.S. Supreme Court because none of the doctors could demonstrate that they were in any way harmed by the FDA’s decision.

None of them were required to give out or prescribe mifepristone. They simply wanted the court to write new laws.

Now Labrador, along with the Republican attorneys general of Missouri and Kansas, has attempted to revive the suit in your name. If the doctors haven’t been harmed, he argues, the state of Idaho surely has. So Idaho and a few other states could take up this case where the anti-abortion doctors lacked standing.

The arguments made in favor of that case range from hilariously ludicrous to deeply disingenuous.

Take this one, citing a study noting that women aged 15-19 have not had the same spike in birth rates that state-level abortion bans caused in other age groups.

“The study thus concludes that ‘one explanation may be that younger women are more likely to navigate online abortion finders or websites ordering mail-order medication to self-manage abortions.’ This study thus suggests that remote dispensing of abortion drugs … is depressing expected birth rates for teenage mothers.”

And here’s why that supposedly hurts Idaho:

“A loss of potential population causes further injuries as well: the States (sic) subsequent ‘diminishment of political representation’ and ‘loss of federal funds.’”

Let’s put this in layman’s terms. What Labrador’s filing argues, in effect, is that Idaho might be suffering a too-low rate of teenage births, which is in turn depriving Idaho of the federal welfare payments it might otherwise enjoy.

Wow.

Just, wow.

The suit repeatedly argues that Idaho is harmed because it is having to treat more cases of complications following mifepristone use as its use has become more widespread.

Well, sure. And the number of complications associated with the use of any medication will rise as use of that medication becomes more common. It’s very hard to experience side effects from a pill you aren’t taking, after all.

But should aspirin be taken off the market because it sometimes has side effects? Obviously not.

 

The proper question with any medication is: Do the expected benefits outweigh the risks?

Is mifepristone presenting a danger to women’s health? It seems nearly every major women’s health care organization and organization representing doctors in the country filed an amicus brief opposing this argument, from the American College of Obstetrics and Gynecology, to the American Psychological Association, to the American Medical Association.

But, as with his recent effort to bully the American Academy of Pediatrics into changing its treatment recommendations based on ideology, Labrador wants us to believe that he and his holy roller litigators know better than medical professionals.

Perhaps the worst instance of this came from Labrador’s spokesman, who “noted that a Georgia woman recently died ‘from complications after taking mifepristone,’” as the Statesman reported.

Amber Nicole Thurman, 28, wasn’t killed by mifepristone.

As ProPublica reported, she traveled from her home in Georgia, where abortion is banned after six weeks, to North Carolina, where she received mifepristone. She had a rare but treatable complication: She didn’t expel all of the fetal tissue. The standard treatment is dilation and curettage, also a common method used in surgical abortion.

The procedure was legal under Georgia’s law under Thurman’s circumstances, but doctors aren’t lawyers. The penalty for violating Georgia’s abortion law is up to 10 years imprisonment. Doctors delayed treatment for 20 hours, which a panel of state experts blamed for her death.

So Thurman died because of Georgia’s draconian abortion laws, which forced her to leave the state for medication, and which delayed her treatment for a rare, treatable complication.

The same thing will happen in Idaho, which has much stricter abortion laws, sooner or later. That harm to Idaho cannot be prevented by banning mifepristone. It can only be prevented by repealing the state’s abortion ban, which Labrador has fought tooth-and-nail (though with little success) to preserve in all cases, even when it places women’s health and future fertility at risk.

Because medical injury to women is not the outcome Labrador and the far right wants to prevent.

What he wants to prevent is women having a degree of reproductive freedom — anywhere in the country.

____

Bryan Clark is an Idaho Statesman opinion writer based in eastern Idaho.

_____


©2024 The Idaho Statesman. Visit idahostatesman.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Michael Reagan

Michael Reagan

By Michael Reagan
Mona Charen

Mona Charen

By Mona Charen
Oliver North and David L. Goetsch

Oliver North and David L. Goetsch

By Oliver North and David L. Goetsch
R. Emmett Tyrrell

R. Emmett Tyrrell

By R. Emmett Tyrrell
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

John Darkow Bob Gorrell Jeff Koterba Bart van Leeuwen Mike Beckom Pat Byrnes