It’s Not “a Woman and Her Doctor”

We’ve heard this line so many times: “abortion is a private decision between a woman and her doctor. Keep government out of a woman’s decisions about her body.”

But when did a “woman and her doctor” become a vulnerable teenage girl (or her boyfriend) on a website ordering abortion pills without ever being examined by a medical professional?

We’ve gone from talking points that sound like agency, empowerment and medical excellence, to children getting abortion pills through the mail.

From those shouting “safe, legal and rare,” we are now told that teenage girls don’t need to be examined or seen in an office by an actual doctor. Meanwhile, America is letting pharmaceutical companies profit from the vulnerability of women and girls.

The safety and oversight of abortion pills are at the heart of Louisiana v. FDA, although much of today’s oral argument before the U.S. Court of Appeals for the Fifth Circuit focused on whether Louisiana has legal standing to challenge the FDA’s policy.

The challenged regulations stem from FDA decisions taken during the COVID-19 pandemic and later made permanent. Those changes eliminated the requirement that mifepristone be dispensed in person and ultimately allowed certified pharmacies to deliver it by mail.

Wisconsin law currently requires a physician to physically examine the woman and be physically present when abortion-inducing drugs are provided. Democratic lawmakers have introduced legislation in previous sessions that would remove or substantially change Wisconsin’s in-person requirements. If Democrats gain control of the Legislature and the governor’s office this fall, eliminating those protections is likely to be a priority.

In the Netherlands, one of the most pro-abortion countries in Europe, the official association of abortion doctors–the NGvA–raised the alarm over an online website where women could order abortion pills without being seen by a doctor. Their concern? That vulnerable women would not be identified and properly cared for without an in-person visit, effectively making them “disappear under the radar.”

Access to the abortion pill online, which happened for the first time in the Netherlands this past March, is not illegal in The Netherlands, although the time limit on a medical abortion is 9 weeks. The Dutch Medical Doctor’s Association (KNMG) said although they support access to abortion, they are concerned about the elimination of an in-person visit because there is no requirement for a visit with a doctor and no space to determine if the woman really wants an abortion. KNMG expressed concern that the online process left insufficient opportunity to identify doubts or uncertainty on the part of the pregnant woman.

In the UK, where less than 10% of the population is pro-life, the government canceled its COVID-era mail-order abortion policy before it was reinstated by Parliament in 2022. National groups tasked with safeguarding minors in the UK also raised the alarm about young girls ordering abortion pills online: they urged in-person care so that girls could be screened for early pregnancy, abuse and monitored afterwards. Pro-choice critics of the UK mail-order abortion scheme noted that these minors have “holistic needs” that must be addressed in-person.

Why is it that concerns were flagged, and even stopped online distribution of abortion pills, in these countries, when the U.S. cannot show even the slightest hint of caution in the face of concerns about coercion and abuse?

This is the question that should concern every Wisconsin parent.