Full 6th Circuit upholds Ohio Law regulating RU486 abortions

By Dave Andrusko

I read sites, such as rhreality.org, not just to keep a finger on the pulse of abortion true believers but also because I will sometimes learn about developments I’d missed. Case in point, “Sixth Circuit Refuses to Reconsider Ohio’s Ban on RU-486,” by Jessica Mason Pieklo.

We’ve kept track of this case for years and years and years. Planned Parenthood of Ohio has been in court since 2004, trying to gut an Ohio law which requires that the two-drug RU486 abortion technique be administered consistent with the protocol established by the FDA. This from people who keep telling us they are concerned about women’s health.

In October NRL News Today reported that a three-judge panel of the 6th Circuit Court of Appeals turned Planned Parenthood down again in “Planned Parenthood Southwest Ohio v. DeWine.” Undeterred, they appealed the decision to the full panel. According to Jessica Mason Pieklo, late last week they were turned down again.

According to Pieklo, “The law is a specific and intentional prohibition of the common practice of off-label use of the drug, and a restriction challengers contend is unconstitutionally vague, intrusive, and imposes an undue burden on a woman’s right to choose early, safe abortion.” She adds, “The Sixth Circuit Court of Appeals disagrees.”

Really? Let’s see.

The most important FDA requirements were/are that the abortifacient not be used past the seventh week (a limitation which PPFA and other abortion providers freely concede they ignore); that abortionists use three RU486 pills, rather than one; and that the accompanying prostaglandin (misoprostol) be administered by mouth, not vaginally.

Those limitations are not the least bit “vague” and protect women from the dangers of using these drugs in a manner not prescribed by the FDA (the second drug was supposed to be taken orally and in the abortionist’s office rather than at home). In light of that, what a peculiar use of language—that insuring that these powerful drugs are taken safety is “impos[ing]an undue burden on a woman’s right to choose early, safe abortion.”

So what’s the big deal, it’s only Ohio, right? Pieklo writes

“The ruling is a significant one because it is the first federal appellate decision to rule on the constitutionality of laws restricting the use of RU-486. And while not binding on jurisdictions outside of the Sixth Circuit, which encompasses Kentucky, Michigan, Ohio and Tennessee, other courts that have similar legal challenges to similar restrictions pending, like the Oklahoma Supreme Court, could look to the decision for persuasive authority and decide to follow it.”

Remember, “chemical abortions”—actually drug-induced abortions is more accurate—is a growth sector for Planned Parenthood. Anything that touches on the question of safety brings up corollary issues. Such as?

In “webcam” abortions, the abortionist could be hundreds of miles away, dispensing powerful abortifacients via video conference, a setting where the  abortionist can do nothing should something gone wrong. And at least 14 women have died after taking RU486, something the Abortion Establishment just blows off.

Good for the Sixth Circuit Court of Appeals.

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