New bill would restore abortion pill safeguards erased by Biden administration

Senate Pro-Life Caucus Chair Cindy Hyde-Smith (R-Miss.) has introduced legislation that would roll back policies that previously expanded access to the abortion pill. The bill currently has around 30 co-sponsors.

Key Takeaways:

• The "SAVE" Moms and Babies Act would restore previous abortion pill safety regulations, including a prohibition on mail-order or telemedicine abortion pill distribution, and a requirement that the pill be dispensed in-person by a medical professional.

• The bill would also strengthen reporting requirements surrounding the abortion pill, and prevent the FDA from approving new abortion drugs or further loosening safety regulations.

• The FDA loosened its REMS safety regulations in 2021 under the Biden administration.

The Details:

Hyde-Smith announced the legislation, the  Support and Value Expectant (SAVE) Moms and Babies Act, in a press release on Tuesday.

Hyde-Smith Praises the Pro-Life Movement and Related Legislative Efforts

The bill would restore Food and Drug Administration (FDA) safety regulations (REMS) which were previously in place, including a requirement that abortion drugs be dispensed in person by a medical professional, and a ban on abortion pill distribution through the mail or via telemedicine. In 2021, the FDA under the Biden administration weakened the REMS safety regulations for the drug by eliminating the in-person dispensing requirement and enabling abortion pills to be permanently shipped by mail. In 2023, the Biden FDA decided to allow retail pharmacies to dispense the abortion pill.

The legislation would also prevent the FDA from approving any new abortion drugs or further loosening regulations surrounding abortion pill distribution.

Hyde-Smith stated:

“Chemical abortion drugs are often marketed as safer than common over-the-counter pain relievers, but that claim has proven tragically false for many women.

The SAVE Moms and Babies Act restores common-sense protections for mothers and their unborn babies.  Chemical abortions are not safe, and at minimum, women deserve real medical oversight and the opportunity to see a doctor face-to-face.” 

According to Hyde-Smith's news release, the legislation is co-sponsored by U.S. Senators Steve Daines (R-Mont.), Jim Risch (R-Ida.), Mike Rounds (R-S.D.), Roger Wicker (R-Miss.), James Lankford (R-Okla.), Mitch McConnell (R-Ky.), Cynthia Lummis (R-Wyo.), Ted Cruz (R-Texas), Jim Banks (R-Ind.), Roger Marshall, M.D. (R-Kan.), Katie Britt (R-Ala.), Rick Scott (R-Fla.), Josh Hawley (R-Mo.), Mike Crapo (R-Ida.), Ted Budd (R-N.C.), Lindsey Graham (R-S.C.), Bill Cassidy, M.D. (R-La.), John Cornyn (R-Texas), Joni Ernst (R-Iowa), Mike Lee (R-Utah), Kevin Cramer (R-N.D.), Pete Ricketts (R-Neb.), Deb Fischer (R-Neb.), John Kennedy (R-La.), John Hoeven (R-N.D.), Todd Young (R-Ind.), Bill Hagerty (R-Tenn.), Tom Cotton (R-Ark.), Jerry Moran (R-Kan.), and Marsha Blackburn (R-Tenn.)

Why It Matters:

The abortion pill is dangerous to women, and the FDA's loosened regulations have only served to put more women at risk, as women are often shipped the pills in the mail without ever meeting with a doctor.

In introducing the legislation, Hyde-Smith cited a report published by the Ethics and Public Policy Center (EPPC), which found that nearly 11% of women (10.93%) experience sepsis, infection, hemorrhaging, or other serious or life-threatening adverse events following a chemical abortion. If they do present to an emergency room or doctor's office with complications, the abortion industry has instructed women to lie and report that they are miscarrying. This practice has skewed the data on the safety of the abortion pill, making it appear less dangerous for women than it is.

At least one other study has found a similar rate of adverse events, with 12% of women having to visit an ER for bleeding or infection, and 16% experiencing incomplete abortions.

There have also been numerous stories of bad actors who have purchased the abortion pill and then forced or tricked women into taking the pill and aborting their children unwillingly.

"This drug should never be administered through the mail, where abusers and traffickers can exploit others," Hyde-Smith said. "Until these safety protections are restored, I want to speak directly to any woman who is considering taking the abortion pill: please reconsider."

The Bottom Line:

Hyde-Smith reiterated that the bill's purpose is to protect both preborn babies and their mothers.

“The fact that the March for Life has endured for 53 years speaks volumes about our nation’s heart and soul.  Deep down, we know that protecting those who cannot defend themselves is the foundation for every meaningful cause in today’s society,” she said.  “That conviction is why so many of my pro-life colleagues step forward to lead legislative efforts to protect vulnerable pre-born babies and their mothers. The SAVE Moms and Babies Act is one of those efforts.”