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Opinion | How to make abortion pills more accessible after Row

The anti-abortion movement is likely to continue to deploy another long-standing strategy: deceiving people. Already, 10 Google searches for abortion services in states likely to ban abortion lead users to crisis pregnancy centers – indicating that groups provide abortions when their intent is to prevent them from actually receiving an abortion. Anti-abortion activists expect to set up websites that pretend to sell abortion pills or sell fake abortion pills. As is often the case at crisis pregnancy centers, we hope that the time passes by the recommended 10-week window to have an abortion with medication. More broadly, logging in to these sites can alert anti-abortion activists to people who want abortions, and then threaten criminal prosecution if they pursue an abortion, whether the state officially allows it or not.

In the post-Row environment, how can these pitfalls be avoided? To combat the general lack of awareness, politicians, health care providers, advocacy organizations, and average citizens need to raise awareness about drug abortions, and who can help them find reliable places and complications. Even though abortion services are banned in a particular state, free-speech guarantees must protect against providing accurate information about drug abortion. To increase the availability of pills, lawmakers in abortion-supported states can pass legislation protecting prescribing providers across states that are practicing under the scope of their medical licenses. States such as New York and Connecticut have recently passed laws to protect providers who treat patients traveling to their states. States can think more about how to reduce the risks of mailing pills across state lines. However, in a country with no patchwork legality and no federal policy in this regard, the provision of cross-border abortion is never risk-free.

Xavier Becerra, head of the Department of Health and Human Services, has to implement HIPAA to protect the private health information of abortion seekers, in order to combat policing and other restrictions on those seeking medical abortions. Except in defined circumstances, health care providers under HIPAA may not disclose protected health information to state authorities. The department must warn health workers that it is illegal to report patients they suspect are abortions unless forced by a subpoena, warrant or similar legal document, and may develop new protections applicable to patients accused of abortion-related crimes. .

Beyond government control, criminal defense lawyers around the country must prepare themselves for attacks on abortion laws and pill-related cases. Nonprofit lawyers are already working in this space, but if abortion is a crime in half the country, criminal defense attorneys will have to respond to new allegations against providers, patients and potentially those who help them. Likewise, prosecutors may follow the path of California Attorney General Rob Bonta, who has urged his colleagues across the nation not to prosecute people for pregnancy outcomes.

Finally, search and social media companies play a role in combating abortion pill misinformation. These companies have created policies that attempt to emphasize, remove, or add disclaimers to Kovid-19 misinformation. Given the enormous complexity of the post-Roy law and the landscape of abortion access, companies can adopt policies that regulate abortion misinformation and websites that aim to trick and trap pregnant women. They can reconsider how they track and collect people’s location data that can be used to enforce abortion penalties. State and federal regulators may also play a role, as their mission to counter false consumer information may target pill misinformation campaigns.

Drug miscarriage is not a magic solution to the potential end of Roe, but its increasing availability may diminish some of the decline if abortion regulation returns to the states. Because the reality is abortion pills Will It should be available to people in the United States – regardless of what the Supreme Court does and whether states allow it.

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