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In abortion ban states, sterilization spiked after Dobbs and kept climbing

A woman holds a placard saying "No Forced Births" as abortion rights activists gather at the Monroe County Courthouse for a protest vigil a few hours before Indianas near total abortion ban goes into effect on September 15, 2022.

Enlarge / A woman holds a placard saying "No Forced Births" as abortion rights activists gather at the Monroe County Courthouse for a protest vigil a few hours before Indianas near total abortion ban goes into effect on September 15, 2022. (credit: Getty | Jeremy Hogan)

The more abortion access is jeopardized, the more women turn to sterilization, according to a new report in JAMA that drew on health insurance claims of nearly 4.8 million women in the US.

In states that enacted total or near-total abortion bans following the US Supreme Court's Dobbs decision in June 2022, the rate of sterilizations among reproductive-age women that July spiked 19 percent. A similar initial spike was seen across the nation, with states that either limited or protected access to abortions seeing a 17 percent increase.

But, after that, states with bans saw a divergent trend. The states that limited or protected abortion access saw sterilization procedures largely level off after July 2022. In contrast, states with bans continued to see increases. From July 2022 to December 2022, use of sterilization procedures increased by 3 percent each month.

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SCOTUS rejects challenge to abortion pill for lack of standing

Mifepristone (Mifeprex) and misoprostol, the two drugs used in a medication abortion, are seen at the Women's Reproductive Clinic, which provides legal medication abortion services, in Santa Teresa, New Mexico, on June 17, 2022.

Enlarge / Mifepristone (Mifeprex) and misoprostol, the two drugs used in a medication abortion, are seen at the Women's Reproductive Clinic, which provides legal medication abortion services, in Santa Teresa, New Mexico, on June 17, 2022. (credit: Getty | Robyn Beck)

The US Supreme Court on Thursday struck down a case that threatened to remove or at least restrict access to mifepristone, a pill approved by the Food and Drug Administration for medication abortions and used in miscarriage care. The drug has been used for decades, racking up a remarkably good safety record in that time. It is currently used in the majority of abortions in the US.

The high court found that the anti-abortion medical groups that legally challenged the FDA's decision to approve the drug in 2000 and then ease usage restrictions in 2016 and 2021 simply lacked standing to challenge any of those decisions. That is, the groups failed to demonstrate that they were harmed by the FDA's decision and therefore had no grounds to legally challenge the government agency's actions. The ruling tracks closely with comments and questions the justices raised during oral arguments in March.

"Plaintiffs are pro-life, oppose elective abortion, and have sincere legal, moral, ideological, and policy objections to mifepristone being prescribed and used by others," the Supreme Court noted in its opinion, which included the emphasis on "by others." The court summarized that the groups offered "complicated causation theories to connect FDA’s actions to the plaintiffs’ alleged injuries in fact," and the court found that "none of these theories suffices" to prove harm.

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