Dem
51
GOP
49
If a doctor takes a 6-month-old fetus out of a woman's womb during a D&C, that is clearly an abortion. But does taking a pill that causes a pregnancy not to happen an abortion? The words matter since almost half the states have banned most, if not, all, abortions. So what is an abortion? Dictionary.com says it is "the removal of an embryo or fetus from the uterus in order to end a pregnancy." So what's an embryo? The same source calls it "the young of a viviparous animal, especially of a mammal, in the early stages of development within the womb, in humans up to the end of the second month."
Clear? Not really. At least not to the FDA. It has decided that a "morning after pill," including the popular "Plan B One-step," does not cause an abortion. It has now produced wording to be inserted into the leaflets in the packages that say the medication "works before release of an egg from the ovary." It also says that the pill "will not work if you're already pregnant."
The consequence of this ruling is that states that ban abortion will not be able be able to ban the sale of Plan B and similar products because officially they do not cause abortions. At least not under laws banning abortions. A state could pass a law banning the sale of drugs that influence when eggs are released by ovaries, but this quickly runs into banning many birth control pills, pills used in IVF treatments, and more. Whether a state can ban an approved prescription drug or an approved over-the-counter drug opens a whole new can of worms.
Some pharmacists have refused to dispense Plan B on the grounds that abortions violate their religion. Can they continue to refuse to dispense Plan B if the FDA now says it does not cause an abortion? Can a pharmacist make up his own personal definition of abortion? Chief Justice John Roberts, get ready. It will be on your plate before long. (V)