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Eleanor Klibanoff at The Texas Tribune:
A Louisiana law that reclassified abortion-inducing drugs as controlled substances has made it more difficult for doctors to treat a wide range of gynecological conditions, doctors say. Now, a similar proposal has been filed in Texas. Texas Rep. Pat Curry, a freshman Republican from Waco, said the intent of House Bill 1339 is to make it harder for people, especially teenagers, to order mifepristone and misoprostol online to terminate their pregnancies. Doctors in Louisiana say the measure has done little to strengthen the state’s near-total abortion ban, but has increased fear and confusion among doctors, pharmacists and patients.
“There’s no sense in it,” said Dr. Nicole Freehill, an OB/GYN in New Orleans. “Even though we kept trying to tell them how often [these medications] are used for other things and how safe they are, it didn’t matter. It’s just a backdoor way of restricting abortion more.” These medications are often used to empty the uterus after a patient has a miscarriage, and are commonly prescribed ahead of inserting an intrauterine device. Misoprostol is also often the best treatment for obstetric hemorrhages, a potentially life-threatening condition in which women can bleed to death in minutes. Since the Louisiana law went into effect, hospitals have taken the medication off their obstetrics carts and put them in locked, password-protected central storage.
One hospital has been running drills to practice getting the medications to patients in time, and reported, on average, a two minute delay from before the law went into effect, the Louisiana Illuminator reported. “In obstetrics and gynecology, minutes or even seconds can be the difference between life and death,” Dr. Stella Dantas, president of the American College of Obstetrics and Gynecologists, said in a statement after the Louisiana law passed. “Forcing a clinician to jump through administrative hurdles in order to access a safe, effective medicine is not medically justified and is, quite simply, dangerous.” Curry said these restrictions won’t stop doctors from prescribing these medications when necessary, but will stop the “wide misuse” of the drugs to circumvent the state’s near-total abortion ban.
[...]
Texas roots for a Louisiana law
In March 2022, Mason Herring, a Houston attorney, spiked his wife’s water with misoprostol to force her to have an abortion. Catherine Herring was pregnant with the couple’s third child, a daughter who was born 10 weeks premature. She survived, but has significant developmental delays, according to the Associated Press. Mason Herring was charged with felony assault to induce abortion, and pled guilty to injury to a child and assault to a pregnant person. He was sentenced to 180 days in jail and 10 years of probation. Catherine Herring’s experience led her brother, Louisiana state Rep. Thomas Pressly, to file a bill that would have made it a crime to coerce someone into having an abortion.
But at the last minute, the bill was amended to also reclassify abortion-inducing drugs as controlled substances, according to the Louisiana Illuminator, leaving hospitals and doctors scrambling to comply with the new restrictions. The state health department advised storing the medication in a locked area on the crash cart, which at least some hospitals have said is not feasible. “We had to rework how we utilize misoprostol across our hospital systems,” Freehill said. “Labor and delivery, pharmacy, nursing staff, you name it, they were all involved with figuring out how to stay within the law but still use these medications that we need access to.”
It’s rare for a state to decide on its own to classify a drug as a controlled substance. Most commonly, the federal government decides which medications should be “scheduled,” based on their medical usefulness and the potential for abuse. Schedule I drugs, like heroin, have no medical use and are often used recreationally; Schedule IV and V are medications that are useful but have a potential for abuse, like Xanax or Valium. There are enhanced penalties for having a controlled substance without a prescription, and increased restrictions on how doctors can dispense them. Pharmacists must report any prescriptions for controlled substances to the state Prescription Monitoring Program, and doctors are required to check the database before prescribing certain controlled substances. Law enforcement also has access to that database.
Prescription monitoring has been key to combating the opioid epidemic by identifying doctors who were overprescribing and patients who were getting prescriptions from multiple providers. But with so much political attention on mifepristone and misoprostol as abortion-inducing drugs, doctors are worried about scrutiny for frequently prescribing these common medications.
[...]
Restrictions on medication
Curry, who recently won a special election to fill the seat long held by Republican Rep. Doc Anderson, said Pressly and Herring have offered to come testify in support of his bill this session. He anticipates it getting wide support from his fellow lawmakers. Since the overturn of Roe v. Wade, conservative groups have turned their attention to restricting access to abortion-inducing medications. A group of anti-abortion doctors filed a lawsuit to revoke the Food and Drug Administration’s approval of mifepristone, which the U.S. Supreme Court ultimately rejected.
Curry said there are reasons to keep these medications on the market beyond abortion, but they need tighter restrictions. “You can lie about your age, you can lie about your name, you can lie about your address, there's no verification whatsoever,” he said, referring to online prescribers. “And it gets shipped to a 15-year-old girl, a 13-year-old girl.” It is already a crime to mail abortion-inducing medications in Texas, and many of the online pharmacies operate in a legal gray area outside U.S jurisdiction.
Texas seeks to copy Louisiana’s nanny state abortion medication ban law that classifies such drugs as “controlled substances”.
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Texas Rep. Pat Curry, a freshman Republican from Waco, said the intent of House Bill 1339 is to make it harder for people, especially teenagers, to order mifepristone and misoprostol online to terminate their pregnancies. Doctors in Louisiana say the measure has done little to strengthen the state’s near-total abortion ban, but has increased fear and confusion among doctors, pharmacists and patients.
“There’s no sense in it,” said Dr. Nicole Freehill, an OB/GYN in New Orleans. “Even though we kept trying to tell them how often [these medications] are used for other things and how safe they are, it didn’t matter. It’s just a backdoor way of restricting abortion more.”
These medications are often used to empty the uterus after a patient has a miscarriage, and are commonly prescribed ahead of inserting an intrauterine device. Misoprostol is also often the best treatment for obstetric hemorrhages, a potentially life-threatening condition in which women can bleed to death in minutes. Since the Louisiana law went into effect, hospitals have taken the medication off their obstetrics carts and put them in locked, password-protected central storage.
One hospital has been running drills to practice getting the medications to patients in time, and reported, on average, a two minute delay from before the law went into effect, the Louisiana Illuminator reported.
“In obstetrics and gynecology, minutes or even seconds can be the difference between life and death,” Dr. Stella Dantas, president of the American College of Obstetrics and Gynecologists, said in a statement after the Louisiana law passed. “Forcing a clinician to jump through administrative hurdles in order to access a safe, effective medicine is not medically justified and is, quite simply, dangerous.”
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Mike Luckovich
* * * *
LETTERS FROM AN AMERICAN
May 24, 2024
HEATHER COX RICHARDSON
MAY 25, 2024
On Wednesday, May 22, former South Carolina governor Nikki Haley, who had been the candidate for anti-Trump Republicans, said she will vote for Trump. Haley ran against Trump for the Republican presidential nomination and maintained a steady stream of criticism of him, calling him “unstable,” “unhinged” and “a disaster…for our party.” Since she suspended her campaign in early March, she has continued to poll at around 20% of Republican primary voters.
There are two ways to look at Haley’s capitulation. It might show that Trump is so strong that he has captured the entire party and is sweeping it before him. In contrast, it might show that Trump is weak, and Haley made this concession to his voters either in hopes of stepping into his place or in a desperate move to cobble the party, whose leaders are keenly aware they are an unpopular minority in the country, together.
The Republican Party is in the midst of a civil war. The last of the establishment Republican leaders who controlled the party before 2016 are trying to wrest control of it back from Trump’s MAGA Republicans, who have taken control of the key official positions. At the same time, Trump’s MAGA voters, while a key part of the Republican base, have pushed the party so far right they have left the majority of Americans—including Republicans—far behind.
Abortion remains a major political problem for Republicans. Trump appointed the three Supreme Court justices who provided the votes to overturn the 1973 Roe v. Wade decision that recognized the constitutional right to abortion, and he has boasted repeatedly that he ended Roe. This pleases his white evangelical base but not the majority of the American people.
According to a recent Pew poll, 63% of Americans believe that abortion should be legal in most or all cases, while only 36% think it should be illegal in most or all cases. But Republicans are continuing to push unpopular antiabortion legislation. On Thursday, Louisiana lawmakers approved a law classifying mifepristone and misoprostol, two drugs commonly used in abortions, as dangerous drugs—a category usually reserved for addictive medications—making it a crime to possess abortion pills without a prescription.
Louisiana prohibits abortions except to save the life of the mother or in cases in which the fetus has a condition incompatible with life. The law requires doctors to get a special license to prescribe the drugs, one of which is used for routine reproductive care as well as abortions. The state would then keep a record of those prescriptions, effectively a database to monitor women’s pregnancies and the doctors who treat them. Louisiana governor Jeff Landry, a Republican, is expected to sign the measure into law.
Trump has repeatedly promised to weigh in on the mifepristone question but, likely aware that he cannot please both his base and voters, has not done so. On Tuesday, May 21, though, he stepped into a related problem. Since the Dobbs v. Jackson Women’s Health Organization decision overturned Roe v. Wade, antiabortion activists have begun to talk about contraception as abortion, with some warning that it is “unbiblical.” But in February, 80% of voters polled said that contraception was “deeply important” to them, including 72% of Republican voters. On Tuesday, Trump said he was open to regulating contraception and that his campaign would issue a policy statement on contraception “very shortly.” He later walked back his earlier comments, saying they had been misinterpreted.
On May 19 the same judge who tried to remove mifepristone from the market by rescinding the FDA approval of it, Trump-appointed U.S. District Judge Matthew Kacsmaryk, blocked the Biden administration from implementing a new rule that requires sellers at gun shows and online to get licenses and conduct background checks. The rule closes what’s known as the “gun show loophole.” According to the Penn State McCourtney Institute for Democracy, 86% of Americans want mandatory background checks for all gun purchases.
Trump himself is a problem for the party. His base is absolutely loyal, but he is a deeply problematic candidate for anyone else. As Susan Glasser outlined in the New Yorker yesterday, in the past week he chickened out of testifying in his ongoing criminal trial for paying hush money to an adult film actress to keep damaging information from voters in 2016 after insisting for weeks that he would. He talked about staying in office for a third term, ran a video promising that the United States will become a “unified Reich” when he wins reelection, and accused President Joe Biden of trying to have him assassinated. He will be 78 in a few weeks and is having trouble speaking.
In addition to his ongoing criminal trial, on Tuesday a filing unsealed in the case of Trump’s retention of classified documents showed that a federal judge, Beryl Howell, believed investigators had “strong evidence” that Trump “intended” to hide those documents from the federal government.
Also revealed were new photographs of Trump’s personal aide Walt Nauta moving document boxes before one of Trump’s lawyers arrived to review what Trump had, along with the information that once Trump realized that the men moving the boxes could be captured on Mar-a-Lago’s security cameras, he allegedly made sure they would avoid the cameras. The new details suggest that prosecutors have more evidence than has been made public.
This might explain why, as Asawin Suebsaeng and Adam Rawnsley of Rolling Stone reported today, Trump is pressuring Republicans to pass a law shielding presidents from prosecution in state or local courts, moving prosecutions to federal courts where a president could stop them.
Yesterday, Marilyn W. Thompson of ProPublica reported on yet another potentially harmful legal story. There were a number of discrimination and harassment complaints made against the Trump campaign in 2016 and 2020 that Trump tried to keep quiet with nondisclosure agreements. A federal magistrate judge has ordered the Trump campaign to produce a list of the complaints by May 31. Those complaints include the charge that the 2016 campaign paid women less than men and that Trump kissed a woman without her consent.
Trump’s current behavior is not likely to reassure voters.
Yesterday he wrote on social media that “Evan Gershkovich, the Reporter from The Wall Street Journal, who is being held by Russia, will be released almost immediately after the Election, but definitely before I assume Office. He will be HOME, SAFE, AND WITH HIS FAMILY. Vladimir Putin, President of Russia, will do that for me, but not for anyone else, and WE WILL BE PAYING NOTHING!”
There is no good interpretation of this post. If Trump does have that sort of leverage with Putin, why? And why not use it immediately? Is he openly signaling to Putin to ignore the Biden administration’s ongoing negotiations for Gershkovich’s release? Trevor Reed, who was arrested in Russia in 2019 when visiting his girlfriend in Moscow, noted: “As a former wrongful detainee in Russia, I would just like to remind everyone that President Trump had the ability to get myself and Paul Whelan out of Russia for years and chose not to. I would be skeptical of any claims about getting Evan Gershkovich back in a day.”
Reed was freed in 2022 as part of a prisoner swap arranged by the Biden administration.
Last night, at a rally in New York, Trump accepted the endorsement of alleged gang members, rappers Michael Williams (Sheff G) and Tegan Chambers (Sleepy Hallow). In 2023 the two men were indicted with 30 other people on 140 counts, including murder, attempted murder, illegal possession of firearms, and at least a dozen shootings. Sheff G was released from jail in April after posting a $1.5 million bond.
Then, Trump’s people claimed that 25,000 people turned out for the rally, but they requested a permit for only 3,500, and only 3,400 tickets were issued. Aerial shots suggest there were 800–1,500 people there.
MAGA voters don’t care about any of this, apparently, but non-MAGA Republicans and Independents do. And this might be behind Haley’s promise to vote for Trump. The unpopularity of the MAGA faction might allow Haley to step in if Trump crashes and burns, so long as she kowtows to Trump and his base. Or it might be calculated to try to repair the rift in hopes that the party can cobble together some kind of unity by November. As The Shallow State noted on X, Haley’s announcement showed that “Trump is fragile.”
But Haley’s statement that she will vote for Trump does not necessarily mean her voters will follow her. Deputy political director for the Biden campaign Juan Peñalosa met with Haley supporters in a prescheduled zoom call hours after Haley’s announcement. On Thursday afternoon the campaign issued a press release titled: “To Haley Voters: There’s a Home For You on Team Biden-Harris.”
MAGA Republicans know their agenda is unpopular, and they are working to seize power through voter suppression, violence, gerrymandering, and packing the legal system. But there are signs a bipartisan defense of democracy may be gathering strength.
LETTERS FROM AN AMERICAN
HEATHER COX RICHARDSON
#Mike Luckovich#Nikki Haley#political cartoon#MAGA crazy#MAGA GOP#anti-woman#women's rights#birth control#women's health
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When Robin Marty was writing her 2021 book The New Handbook for a Post-Roe America: The Complete Guide to Abortion Legality, Access, and Practical Support, people often asked her why she didn’t just make it an online resource.
“I said, ‘Well, we can't guarantee that online is always going to be accessible for people,’” says Marty, who is director of operations at the West Alabama Women's Center in Tuscaloosa. Her concern that women might one day be restricted from reading about abortion online proved prescient.
State lawmakers in Texas are considering a bill introduced last month that would make it illegal to provide information on how to access abortion. The bill would also require internet service providers to block websites offering content like that in Marty’s book, allow prosecution of abortion pill “distribution networks,” and permit anyone to sue a person who shared anything about how to access a medical abortion. The proposal borrows from a Texas law passed in 2021 that offers a cash bounty to citizens who sue a person who helped facilitate access to abortion care.
The Texas proposal to restrict information about abortion follows a recent flurry of attempts to limit reproductive rights in the US, with a particular focus on medical abortions—that is, abortions induced by medication. Experts worry that if passed, the bill could incentivize platforms and internet service providers (ISPs) to censor abortion-related content more broadly for fear of costly court cases.
“It’s scaring the platforms and the ISPs and the speakers into thinking that they can be liable for the speech,” says Jennifer Pinsof, a staff attorney at the Electronic Frontier Foundation. “So it’s having a chilling effect and advancing the goal of keeping this information from being accessible to people online.”
Access to good information about abortion could become even more important as new restrictions are placed on the procedure. Earlier this month, a Texas judge ruled to suspend the Food and Drug Administration’s approval of mifepristone, a pill that in combination with misoprostol is part of the standard process for a medical abortion. This week, a federal appeals court ruled that though mifepristone could still be used for abortions, it can no longer be prescribed by mail.
The proposal to block Texans from accessing information about abortion, introduced by three male Republican representatives, is the most far-reaching attempt to date to limit how easily people learn about abortion access in the US. But it is not without precedent. Arizona has had a ban on advertising abortion services on its books since 1873. Other states, including Virginia, Louisiana, Michigan, and California, have restrictions on advertising the procedure.
Free speech is generally protected in the US under the First Amendment to the Constitution, while technology platforms have successfully argued that Section 230 of the 1996 Communications Decency Act means they can’t be held liable for content posted by users.
However, the bill being debated in Texas could essentially sidestep at least some of these protections by enlisting citizens to police information about abortions. Instead of the government cracking down on content, citizens would file civil court cases, with potential targets including social platforms and ISPs hosting websites or social posts offering information about abortion.
Pinsof says companies facing such legal threats would have little incentive to defend the free speech of their users if it helped them avoid litigation. “We’ve seen over and over in different contexts that platforms are vulnerable to censorship pressure because they're afraid of being sued,” says Pinsof. “So it's easier to take stuff down than it is to potentially open yourself up to liability.”
Another part of the law would require ISPs to “make every reasonable and technologically feasible effort to block internet access to information or material intended to assist or facilitate efforts to obtain an elective abortion or an abortion-inducing drug.” It also shields them from legal liability resulting from such takedowns, which Pinsof thinks could further encourage companies to remove content related to abortion.
Platforms are currently watching a case in the Supreme Court which argues that tech companies can in fact be held liable for content promoted on their platforms. Any weakening of that protection could expose companies to additional legal hazards in Texas under the proposed bill if they allowed pro-choice content to be shared on their services. Pinsof says the law can be read as making the provision of information about abortion “illegal both for speakers themselves, and also for platforms.”
WIRED reached out to Twitter, Reddit, Meta, and TikTok to ask whether laws like the Texas bill would induce them to change their moderation policies on abortion-related content. None responded. However, experts say that the platforms might preemptively begin limiting content related to abortion.
Last year, WIRED found that Meta was already restricting some abortion content on its platforms, regularly removing posts that referenced accessing abortion pills under rules barring the sale of “illegal or regulated goods."
The Texas bill could also have major implications for search engines, making it more difficult for women to find accurate information about abortion services. So-called “crisis pregnancy centers”—operated by anti-choice organizations—often use promoted results to get themselves to the top of searches for abortion providers.
“There’s effectively competition between pro- and anti-choice groups to win those slots at the top of Google search,” says Callum Hood, head of research at the Center for Countering Digital Hate, a nonprofit that tracks disinformation. “There will be no alternative in search results other than what anti-choice groups have to say about abortion,” he says.
Neither Google nor Microsoft responded to requests for comment about how or whether search results or ads might be modified or restricted in response to the Texas bill.
Hood says he worries that censorship could lead ISPs to decide that hosting abortion-related websites carries too many risks. ISPs have previously blocked websites for illicit materials like child pornography.
“The easiest thing for them to say is just, ‘We're not going to host any website that’s to do with abortion. Full stop,’” says Hood. “It is going to create an incentive for them to just take simple steps, which is to avoid any ambiguity over whether or not they are facilitating access to information about abortion-inducing drugs.”
Marty says that, should the bill be enacted, activists will work out ways around it, as they have for previous restrictions. But she acknowledges that these strategies may still leave many women without critical information, because digital information has become so important.
Pro-choice activists and educators sometimes use QR codes, which can easily be printed as stickers or posters and left inconspicuously in public places to point people to abortion information. “Most of the activism has already and will continue to pivot to QR codes and other ways of providing informational links without the actual information being visible in a text form,” she says. “But even a QR code is a whisper network. You have to know that this is a thing to find the information on.”
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Wonder why his ex-wife felt the need to keep her pregnancy a secret and why the help she received in ending the pregnancy “meant the world to her”
https://www.washingtonpost.com/politics/2023/03/10/texas-abortion-lawsuit/
A Texas man has filed a wrongful-death lawsuit against three women who allegedly helped his ex-wife obtain abortion pills and terminate her pregnancy, in the first case of its kind to be brought since the Supreme Court overturned Roe v. Wade.
The lawsuit could signal a new phase in antiabortion strategy, with conservatives scrambling to crack down on growing abortion pill networks that have helped pregnant people access medication abortion in states where the procedure is banned.
The plaintiff, Marcus Silva, is represented by Jonathan Mitchell, a conservative lawyer who was the architect of a novel 2021 Texas abortion ban, and Briscoe Cain, a Republican member of the Texas House. The lawsuit states that helping someone obtain an abortion qualifies as murder under the state’s pre-Roe abortion ban that took effect this summer, allowing Silva to sue under the wrongful-death statute.
Silva’s civil case could result in the women being forced to pay over $1 million in damages. The district attorney in Galveston, Tex., will decide separately whether to charge the women in criminal court.
Silva alleged that in July 2022, when the couple were still married, his wife became pregnant but concealed it from him.
Two of the defendants allegedly exchanged text messages with Silva’s wife, discussing how and where she could obtain the medication to cause an abortion. A third defendant arranged for the delivery of the medication, the complaint alleged.
“We have pills here in Houston,” read a message that one of the women shared with the group, according to the complaint. “So no you wouldn’t have to fly. You could get them from us or your could order some online.”
Abortion is now banned or under threat in these states
As the person seeking the abortion, Silva’s ex-wife is exempt from civil and criminal liability, the complaint notes, and Silva is not pursuing any claims against her. The couple divorced last month, according to the court document. None of the three women named as defendants, or their lawyers, could be reached for comment on the accusations.
The complaint said Silva also intends to sue the manufacturer of the mifepristone pill allegedly used in the abortion if that information is made available in discovery.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain, one of Silva’s lawyers, wrote in a news release. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
Since the June Supreme Court decision, abortion rights activists have ramped up efforts to ship abortion pills — a two-step regimen of mifepristone and misoprostol that is widely regarded as safe — into states with strict new bans, violating the bans as they work with rapidly expanding international suppliers as well as U.S.-based distributors.
The Texas judge who could take down the abortion pill
These growing pill pipelines have presented a major challenge for the antiabortion movement. Many prosecutors don’t want to charge people for abortion-related crimes, while others have struggled to find cases.
Abortion pills are usually sent to pregnant people through the mail, making their distribution hard to track. Prosecutors are also limited to bringing charges against people who help facilitate the abortion, with abortion bans currently in effect exempting people seeking abortions from criminal prosecution or legal liability.
Texas has emerged as a hot spot for novel approaches to restrict access to abortion pills. U.S. District Judge Matthew Kacsmaryk, based in Amarillo, could soon rule on a lawsuit filed by antiabortion groups against the Food and Drug Administration that could take mifepristone off the market, a ruling with the potential to upend abortion access nationwide.
Antiabortion groups within the state have also begun their own investigative efforts. Texas Right to Life has created a team of advocates assigned to gather information on citizens who might be distributing abortion pills illegally.
Silva’s complaint includes as exhibits many of the text messages allegedly exchanged among the group of women. In the texts, one person shares information provided by an organization that ships pills that cause abortions and says the woman can take them at her home.
“Your help means the world to me,” responds a woman identified in the complaint as Silva’s ex-wife.
The texts also show discussions about the date of the woman’s last period, what the medication abortion will feel like and when she is planning to take the pills.
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When buying birth control (including Plan B) or mifepristone and misoprostol (the abortion pills), use cash, NOT your debit or credit card. In fact, start making it a regular thing to carry and pay with cash. Start that pattern now. Don't pay for EVERYTHING with cash - give them some info to trace so that they feel a little better - but start paying with cash when you can. Alternate regular purchases - gas, groceries, clothing, sundries - as cash payments and debit-card payments. Anything that could ever be thought of as bad, pay for with cash. (This includes the cold medicines that they now have store employees check your ID when you purchase them.)
If you have the means, take a vacation to Mexico and go to a farmacia (pharmacy). They sell these items. Mifepristone and misoprostol will require a prescription from a doctor in Mexico, so plan a longer stay (7-10 days).
There are online Mexican pharmacies that will ship to the US. Don't do this. This leaves a paper trail of your shipment since you'll have to pay with a credit or debit card. Also, don't trust that your package won't be intercepted. Sure, look online, find prices, but use a VPN (you have one installed, right? Proton VPN is a good option) and don't buy online.
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If you search for the phrase “abortion pills” on the messaging service Telegram, an array of public channels and groups pop up. Some have names like “Buy Abortion Pills” or “Abortion pills Mifepristone Misoprostol” while others offer advice on symptoms and best practices “after the pregnancy comes out.” On May 3, a post on “ABORTION PILLS MARKET” included a photo of a blister pack labeled as abortion pills, alongside the caption, “We are legit.”
There are currently more than 200 public groups and channels on Telegram that explicitly mention selling abortion pills in their name or description, a WIRED investigation found. At the end of May, the last month for which we have complete data, 57 of the 211 groups we uncovered were active, with at least one message sent in that month.
Activity found on the platform related to selling abortion pills traces back to at least 2016, and many of the channels and groups cater to customers around the world. In the year since the US Supreme Court overturned Roe v. Wade in June 2022, though, there’s a new focus on marketing to people in the United States, according to WIRED’s review of roughly 47,000 public messages scraped from these channels. And in general, public activity on Telegram related to abortion pills has been exploding since last summer.
“Since its creation, Telegram has actively moderated harmful content including the sale of medications,” says Telegram spokesperson Remi Vaughn. “Telegram's moderators use a combination of proactive monitoring of public chats in addition to accepting user reports in order to remove content that breaches our terms of service.”
Shady drug sellers and scams are nothing new on digital platforms. A nearly universal experience of the early consumer internet, after all, was receiving spam emails claiming to offer penis enlargement pills. And in the decades since, dark web markets have fueled illegal distribution of drugs globally. Like other prescription drugs, though, abortifacients are legal in some countries but not others. Furthermore, in some places they can be prescribed for certain purposes but not others, leaving patients to potentially seek ways to fill in the gaps for their own care. In the US, access to reproductive care, including abortifacients, varies widely from state to state.
Despite the clear uptick in activity on Telegram related to abortion pills, researchers say that they don’t see evidence of a massive new movement to illegally sell abortifacients to Americans. Kat Green, an abortion access researcher and founder of the online data analysis platform Endora, says that illegal sales of abortifacients, and corresponding questions about legitimacy and safety, aren’t currently central topics in US abortion access work. In part, this is likely because it’s still legal in many US states for patients to get abortion pills by mail. And prescribed use of these pills, also known as medication abortion, is markedly on the rise in the US. But as new and pending legal challenges threaten to further curtail access, illicit sales could eventually expand.
Analysis of frequently used phrases in the Telegram message trove WIRED collected shows that a large number of these groups and channels don’t just claim to sell abortion pills. Phrases like “weight loss,” “muscle mass,” and “erection pill” were among the 10 most popular two-word phrases that appeared in the data set. And thousands of additional messages mentioned “benzos,” “painkillers,” “Xanax,” “weed,” “coke,” and “guns.” In all, at least a quarter of the channels appear to be hawking more than just abortifacients.
Hundreds of messages from the data that contained pricing information indicate that the average cost of purchasing a purported pack of abortion pills on Telegram is currently $135.
WIRED’s investigation also indicates that the abortion pill ecosystem on Telegram is likely a small world. Analysis of the members and administrators who send messages in the groups and channels shows that many of the accounts are likely controlled by the same individuals. For example, a user going by the name Dr. Pooja Gupta has sent 1,500 messages across nine channels or groups advertising the sale of abortion pills. Dr. Pooja uses a WhatsApp number that is referenced by administrators in 14 additional channels. And some of them use similar names like Doctor Jain and Doctor Reenu. Many of these messages also referenced the same website.
After joining several of Dr. Pooja Gupta’s channels, WIRED reporters received a private Telegram message from a user known as Manisha Gupta offering medication abortion for $90. When WIRED reporters expressed interest in making a purchase, a person prepared the order and sent an image showing a blister pack of pills, and an envelope with that day's date as well as the address WIRED provided for shipment. The return address written on the envelope was a location in Mumbai, India.
Still messaging on Telegram, a person then sent account information for Punjab National Bank and directed WIRED to submit payment through a service called Remitly. WIRED reporters did not complete the transaction. When asked whether they have had more US-based customers in recent months, the person said, “since new laws I am send to America much more.”
Some groups on Telegram have US-specific names or descriptions, like “Abortion Pills in Republican States,” but most have more generic names and claim to deliver to dozens of countries. For instance, one of the largest and most active channels in the data set dates from August 2021 and is apparently specifically geared toward delivering abortion pills to Dubai, Kuwait, Qatar, and the Philippines—all countries where legal access to abortion is restricted.
Last June, researchers from the security firm DarkOwl noticed a sharp increase in discussions on the dark web about connecting abortion-seekers in the US with abortifacients and other resources. Some vendors that already sold illegal drugs said they would begin selling medication abortion as well. At the time, though, the researchers said that they didn’t actually see abortion pills widely available for sale on most dark web markets, but that “they are available for purchase via threads in discussion forums, as well as classified-style advertisements on transient paste services.”
Ian Gray, director of analysis and research at the security firm Flashpoint, says that turning points like the Covid-19 pandemic or the fall of Roe for the US can spark trends in digital scams and illicit online sales. But a survey Gray conducted for WIRED of dark web advertising targeted at the US over the last year did not reveal a dramatic spike in content related to abortifacients.
“At a high level, it's difficult to identify a significant increase in chatter related to abortion pills due to Roe v Wade being overturned last year,” Gray says. He notes, though, that “there are a limited number of posts within the past year in marketplaces, which may indicate demand. Most posts, at least on Twitter and some within Telegram, are in Brazilian Portuguese, likely due to a ban on abortion pills.”
As with many medical procedures, the stakes are extremely high in medication abortion. But the patchwork of laws and access in the US could make the landscape particularly fraught for patients in need who may eventually turn to illicit markets out of desperation.
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An investigation by ProPublica found online pharmacies that sell abortion medication such as mifepristone and misoprostol are sharing sensitive data, including users' web addresses, relative location, and search data, with Google and other third-party sites — which allows the data to be recoverable through law enforcement requests.
ProPublica found similar web trackers that capture user data on the sites of at least nine online pharmacies that offer abortion pills by mail, including Abortion Ease, BestAbortionPill.com, PrivacyPillRX, PillsOnlineRX, Secure Abortion Pills, AbortionRx, Generic Abortion Pills, Abortion Privacy, and Online Abortion Pill Rx.
highlighting because imo this is the most important part of the article -- you don't just need to be careful about saying anything incriminating in your messages, you need to be careful about tracking through your browser and potentially even your internet/cell service provider (to which the only solution is use a VPN with data stored outside of the United States) if you really want to be safe about ordering abortion pills over the internet
Facebook and google are helping cops prosecute people seeking abortion. Be very careful in this new era people.
#like switch to firefox generally for a lot of reasons#get a VPN also for a lot of reasons#of just general online privacy and protection#bUT IF YOU ARE ORDERING A THING THAT IS AGAINST STATE LAW YOU WANT ZERO PAPER TRAIL#please be careful about your digital paper trails#abortion#signal boost
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