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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Is it possible to obtain abortion pills in states that banned abortion?

By Austin Tannenbaum
YES

There are still ways for individuals to obtain abortion pills in states that have banned abortion following the overturning of Roe v. Wade.

One method is to have them shipped internationally from providers such as Aid Access that fall outside of U.S. jurisdiction.

Another is to have them shipped to a "virtual mailbox" in a state that has not banned abortion and then have the package forwarded. 

The pills, mifepristone and misoprostol, are approved for use in the first 10 weeks of pregnancy.

According to NBC, "At least eight states banned all forms of abortion, including the abortion pill mifepristone, within hours of the Supreme Court’s decision."

The legality of state abortion-pill bans is disputed. Some, including Attorney General Merrick Garland, argue that states cannot ban FDA-approved medication, as federal drug approval trumps state actions. Others, such as constitutional scholar Katie Watson, suggest that by permitting abortion bans, the Supreme Court decision may be interpreted to empower states, which "traditionally ... get to regulate the practice of medicine," to decide on abortion-related matters within their borders independently of the federal government.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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