June 24, 2024

Media Contact: Jonathan Modie, 971-246-9139, PHD.Communications@oha.oregon.gov

On Dobbs anniversary, abortion remains legal and protected in Oregon

2022 SCOTUS decision impacted national landscape, but recent ruling on mifepristone offers hope for ongoing safe, effective abortion access

PORTLAND, Ore. — As the nation recognizes the impact of the U.S. Supreme Court’s June 24, 2022 decision that removed constitutional protections for abortion, Oregon remains committed to ensuring people have  access to comprehensive reproductive health services, including abortion.

The second anniversary of the High Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, is a stark reminder of the challenges states face in protecting access to reproductive health care. But key actions in Oregon – and another, more recent High Court decision – offer hope for anyone inside and outside the state seeking to exercise their legal and protected right to abortion.

Governor Tina Kotek said, “The two-year anniversary of the Dobbs decision is a sobering reminder that we cannot afford to lose ground ensuring access to safe, effective and legal reproductive health care in Oregon.”

On June 13, the Supreme Court issued its opinion in Food and Drug Administration (FDA) v. Alliance for Hippocratic Medicine, the challenge to the FDA’s approval of the abortion pill mifepristone. In a unanimous decision, justices ruled that the plaintiffs in the case did not have standing to challenge the FDA’s actions, and so mifepristone continues to be available.

The ruling left in place federal regulations that permit patients to order mifepristone virtually and by mail delivery. However, the decision leaves open the possibility for future litigation seeking to restrict access to mifepristone.

Should litigation seeking mifepristone restrictions come to pass, a contingency plan Oregon put in place could temporarily keep the abortion drug available: The state secured a three-year mifepristone supply and developed a plan to equitably distribute it to eligible prescribers, ensuring patients seeking abortion services in Oregon will continue to have access to this safe and effective method.

“OHA will continue to ensure that people in Oregon have access to safe, effective reproductive care – including abortion services – when and where they need it,” said OHA Director Sejal Hathi, M.D.

Oregon’s mifepristone stockpile is just one of several actions the state has taken in recent years to keep comprehensive reproductive health services, including abortion, in place and accessible:

• Reproductive Health and Access to Care Act (HB 2002) – This comprehensive law, passed during the 2023 legislative session, protects and expands access for those seeking and those providing reproductive health and gender affirming care.
• Reproductive health infrastructure investments – Also during the 2023 legislative session, Oregon allocated $3.4 million to OHA as part of Public Health Modernization to support reproductive health infrastructure This funding created an Abortion Access in Oregon website and provided infrastructure grants to clinical service providers across the state.
• Lawsuit over unnecessary abortion medication restrictions – As the Food and Drug Administration (FDA) v. Alliance for Hippocratic Medicine litigation was underway, Oregon Attorney General Ellen Rosenblum joined Washington State’s Attorney General Bob Ferguson in co-leading a multi-state lawsuit against the FDA to protect enhanced access to mifepristone. The outcome of this lawsuit was Judge Thomas Rice’s decision barring the FDA from making any changes that could reduce the availability of mifepristone in the 17 states that signed on to the lawsuit.
• Amicus brief in Food and Drug Administration (FDA) v. Alliance for Hippocratic Medicine – Gov. Kotek and 21 other governors filed an amicus brief with the U.S. Supreme Court in support of abortion rights in Food and Drug Administration, et al., v. Alliance for Hippocratic Medicine. In this brief, the Reproductive Freedom Alliance governors argued that if the Court reverses FDA approval of mifepristone and limits access to the vital medicine, it could undermine Governors’ ability to provide adequate healthcare services and would have far-reaching implications beyond reproductive healthcare.

“These activities and initiatives demonstrate Oregon’s recognition of reproductive health services as basic and essential health services,” Dr. Hathi said.

Individuals can access free or low-cost reproductive health services at local health departments, Planned Parenthood clinics, federally qualified health centers and rural health clinics across the state. To find a clinic, visit: healthoregon.org/rhclinics, dial 211, or text HEALTH to 898211.

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