{"id":8807,"date":"2026-02-27T12:12:25","date_gmt":"2026-02-27T18:12:25","guid":{"rendered":"https:\/\/westplexnews.com\/index.php\/2026\/02\/27\/arguing-an-abortion-procedure-is-unlawfully-barbaric-worked-once-will-it-work-again\/"},"modified":"2026-02-27T12:12:25","modified_gmt":"2026-02-27T18:12:25","slug":"arguing-an-abortion-procedure-is-unlawfully-barbaric-worked-once-will-it-work-again","status":"publish","type":"post","link":"https:\/\/westplexnews.com\/index.php\/2026\/02\/27\/arguing-an-abortion-procedure-is-unlawfully-barbaric-worked-once-will-it-work-again\/","title":{"rendered":"Arguing an abortion procedure is unlawfully barbaric worked once. Will it work again?"},"content":{"rendered":"
\"Abortion
\n

Abortion opponents once convinced the U.S. Supreme Court to ban an abortion procedure on the basis that it was gruesome and barbaric. They are spreading a similar narrative about abortion medication in court and at protests like this year\u2019s March for Life on Jan. 23, 2026. (Photo by Sofia Resnick\/States Newsroom)<\/p>\n<\/figcaption><\/figure>\n

There is a content warning on page 7 of a friend-of-the-court brief recently submitted in a high-stakes abortion medication case by women who say they were injured or traumatized from taking the pills.\u00a0<\/p>\n

\u201cWarning: these accounts are raw, graphic and real.\u201d<\/p>\n

About 30 mostly anonymous people recount their medication abortions, saying they were uninformed about what they would experience mentally and physically. The graphic accounts and bloody portraits are meant to bolster the argument that the practice is a barbaric and gruesome one that states have the authority to ban. The\u00a0brief<\/a> argues the problem is perpetuated by telehealth abortion.\u00a0<\/p>\n

\u201cWe call it a particularly gruesome and barbaric procedure, the pill, because Dobbs allowed particularly gruesome and barbaric procedures to be prohibited by the states,\u201d said attorney Allan Parker of the Justice Foundation.<\/p>\n

It\u2019s one of many arguments made in the main complaint, though not the focus of\u00a0Tuesday\u2019s oral arguments<\/a> over a preliminary injunction that could, if granted, halt access to telehealth abortion throughout the country. But it\u2019s one with a winning history for the anti-abortion movement, whose leaders are frustrated with rising abortion rates and the Trump administration\u2019s failure to restrict the pills.\u00a0<\/p>\n

But reproductive legal experts who support abortion rights say the gruesome or barbaric argument mischaracterizes the realities of medication abortion, which is approved to induce a miscarriage within the first 10 weeks of pregnancy.\u00a0<\/p>\n

Abortion opponents are focused on disrupting national access built largely on\u00a0shield laws<\/a> and a Biden-era policy that has allowed women to have first-trimester abortions via medication at home with a remote physician consultation, even in states with bans.\u00a0<\/p>\n

The Justice Foundation, which co-authored the brief alongside the National Association of Christian Lawmakers, recruits women who regret their abortions to testify in court and before legislatures and has collected nearly 5,000 legally admissible affidavits, according to the brief.\u00a0<\/p>\n

The lawsuit was\u00a0originally filed last year<\/a> by Louisiana Attorney General Liz Murrill and co-plaintiff Rosalie Markezich, who said her partner ordered pills without her consent and then coerced her to take them.<\/p>\n

The\u00a0complaint cited<\/a> the 2007 U.S. Supreme Court decision in Gonzales v. Carhart that upheld a federal ban on an abortion procedure called intact dilation and extraction, which at the time\u00a0some doctors said<\/a> was a preferable method for ending certain pregnancies, typically in the second trimester, without damaging the woman\u2019s cervix. The anti-abortion movement effectively rebranded the method \u201cpartial-birth abortion.\u201d In upholding the ban on this method, the\u00a0Supreme Court opinion<\/a>, which was referenced in the\u00a02022 Dobbs decision<\/a> overturning federal abortion protections, included a reference to it as \u201cgruesome and inhumane.\u201d\u00a0<\/p>\n

While the intact dilation and extraction method was used later in pregnancy and in a minority of terminations, telehealth abortions early in pregnancy made up 27% of abortions in the U.S. in the first half of December, according to the\u00a0Society of Family Planning<\/a>.\u00a0\u00a0<\/p>\n

\u201cWhat it feels like is happening with some of these briefs is that they\u2019re going back to the last argument that worked in shaping popular opinion,\u201d historian and law professor Mary Ziegler said. \u201cBecause while they managed to overturn Roe, that was not a success from a popular opinion standpoint.\u201d<\/p>\n

The argument that abortion is barbaric and gruesome is not likely to touch public opinion the same way it did two decades ago, she said, because unlike with intact dilation and extraction abortion, most women have experienced a medication abortion or a miscarriage and know what it\u2019s like.\u00a0\u00a0<\/p>\n

\u201cIt would be hard, I think, to convince people that a procedure that\u2019s happening in week seven, is equally barbaric,\u201d Ziegler said. \u201cThe whole success of partial-birth abortion as a strategy is in the name, right? The argument was, This is happening late enough in pregnancy and close enough to birth that it resembles infanticide. And with abortion pills, for many people, it\u2019s going to much more closely resemble a very early miscarriage.\u201d<\/p>\n

The potential to unleash chaos<\/h4>\n

Attorneys on either side of the abortion rights divide agree that the\u00a0stakes are high<\/a> in the Louisiana case, because a ruling would likely apply nationally and once again shake up the abortion access landscape in the U.S. If the court grants Louisiana\u2019s request to force the U.S. Food and Drug Administration to reinstate old restrictions while litigation continues, the action could effectively ban telehealth abortion appointments, medication dispensation at retail pharmacies, and the mailing of abortion pills even in states where abortion remains legal.<\/p>\n

Katie Keith, founding director of the Center for Health Policy and the Law at the O\u2019Neill Institute at Georgetown University,\u00a0said\u00a0a ruling in plaintiffs\u2019 favor could \u201cunleash chaos and confusion in the market.\u201d<\/p>\n

\u201cWhat would happen to medication that\u2019s already on the shelves?\u201d she asked. \u201cAnd how quickly could folks move from telehealth to in-person dispensing again? And what guidance would FDA give? And how quickly would all this get appealed?\u201d\u00a0<\/p>\n

It would be extremely disruptive in a year when abortion providers have already seen a lot of chaos, she said.\u00a0<\/p>\n

Dr. Angel Foster is the co-founder of the Massachusetts Medication Abortion Access Project, which provides telehealth abortion to all 50 states. She said plaintiffs\u2019 claims do not match up with national and international\u00a0data on medication and telehealth abortion<\/a> or with her experience as a provider.\u00a0<\/p>\n

\u201cLouisiana has taken things that are exceptional and presented them as common, has tried to put the ugliest face on the abortion process as possible, and has mischaracterized the kind of care that telemedicine medication abortion providers are offering,\u201d Foster said.\u00a0<\/p>\n

Her organization has served more than 40,000 patients seeking abortion care since 2023, she said, 95% in states with abortion bans. Patients are counseled on what to expect in terms of pain and what they might see, and are screened for potential coercion and other issues.\u00a0<\/p>\n

For example, if a patient lists her husband\u2019s email address, Foster said she would call the patient directly to confirm the abortion is her choice. She said a bad actor could try to bypass their screening and force someone to take abortion pills without consent, which is already a criminal offense under existing law.\u00a0<\/p>\n

\u201cI don\u2019t think that the remedy is to say that nobody should be able to get abortion pills by mail,\u201d Foster said.\u00a0\u00a0<\/p>\n

National domestic violence awareness groups have\u00a0filed a friend-of-the-court brief<\/a> in the Louisiana case asking the court to deny plaintiffs\u2019 request for an injunction. They note that reproductive coercion is not limited to abortion pressure but can also include a partner barring access to birth control or other health care.\u00a0<\/p>\n

Beyond the federal courts,\u00a0states continue to try to pass laws<\/a> to ban or further restrict medication abortion. Attorneys general in Louisiana and Texas have led the charge in suing shield law providers in states without abortion bans. Texas\u2019 attorney general filed a\u00a0new lawsuit<\/a> on Tuesday against California physician R\u00e9my Coeytaux, telehealth abortion nonprofit Aid Access and its founder Dr. Rebecca Gomperts.\u00a0<\/p>\n

Foster said she has not yet been sued but that her attorneys have been in close communication with Massachusetts\u2019 attorney general over whether the state\u2019s shield law would protect their practice depending on how the judge rules.\u00a0<\/p>\n

\u201cOur intent is to continue to provide medication abortion care with mifepristone and misoprostol for as long as we can legally do so,\u201d she said.\u00a0<\/p>\n

Will a federal judge let the Trump administration delay?<\/h4>\n

For now, Louisiana v. FDA is in limbo. After Louisiana filed its preliminary injunction request, the Trump administration asked the court to delay while it continues to review abortion pill safety \u2014 a review that was\u00a0prompted by pressure and controversial research<\/a> from the anti-abortion movement.\u00a0<\/p>\n

Trump-appointed district Judge David Joseph on Tuesday\u00a0did not indicate<\/a> when he might rule on Louisiana\u2019s request for an injunction but gave the federal government\u2019s attorneys seven days to file a brief explaining how the FDA would take emergency action if the agency discovered mifepristone presents a public health risk during its review.<\/p>\n

Anti-abortion activists have been frustrated with the administration\u2019s efforts to delay the Louisiana case.\u00a0<\/p>\n

\u201cWe are disappointed that the Trump administration is asking the court to pause our case and deny our clients immediate relief while the FDA takes another year to study the known harms of abortion drugs,\u201d said Erik Baptist, senior counsel at Alliance Defending Freedom, which is representing Markezich, in a written statement.<\/p>\n

With the approaching midterm elections, Ziegler said she\u2019s curious what the administration will finally say about its position on abortion pills.\u00a0<\/p>\n

\u201cIt\u2019s our first look at what the Trump administration will do if the court doesn\u2019t respond by just giving them more time,\u201d Ziegler said. \u201cBecause so far, they\u2019ve been essentially just avoiding it, by saying they\u2019re thinking about it, and they need more time, and they\u2019re studying the matter, and, you know, not really taking a side.\u201d\u00a0<\/p>\n

\n

This story was originally produced by News From The States<\/a>, which is part of States Newsroom, a nonprofit news network which includes Missouri Independent, and is supported by grants and a coalition of donors as a 501c(3) public charity.<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

Abortion opponents once convinced the U.S. Supreme Court to ban an abortion procedure on the basis that it was gruesome and barbaric. They are spreading a similar narrative about abortion medication in court and at protests like this year\u2019s March for Life on Jan. 23, 2026. (Photo by Sofia Resnick\/States Newsroom) There is a content…<\/p>\n","protected":false},"author":2,"featured_media":8808,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_kadence_starter_templates_imported_post":false,"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8807","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"yoast_head":"\nArguing an abortion procedure is unlawfully barbaric worked once. 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