Step 1: On Thursday, December 29th, the Biden Dept of Health and Human Services started the process to rescind Trump-era conscience rights protections related to medical providers and facilities (including pharmacists and pharmacies). While the scope of conscience protections is broad, it especially applies to issues related to abortion and assisted suicide.
Step 2: On January 3rd, the FDA announced significant changes to how abortion pills are regulated, including that for the first time ever permitting retail pharmacies (aka the place where you fill your prescriptions) will be permitted to fill prescriptions for abortion medicine used for abortion. A few things to know:
- Generally, retail pharmacies will be able to fill medicines prescribed via tele-health meetings.
- Retail pharmacies will have to go through a certification process in order to be able to provide the medicines for abortion purposes.
- Several national chains, including CVS and Walgreens, have already announced that they will be going through the certification process.
- The certification process is through the producer of the medicine, not the state or federal government.
- Ohio law, at this time, does not permit retail sale of abortion medicines.
To elaborate on the last point, Ohio is one of only a small number of states that has enhanced regulations regarding the provision of the abortion pill. Ohio law requires that a physician must personally dispense abortion-inducing drugs for the purpose of inducing abortion.
In the last 24 hours, we've gotten several calls from individuals who would like to make sure that their pharmacy is not providing abortion inducing drugs. A couple of thoughts on that:
- Absent a change in the law or legal action, no pharmacy in Ohio can provide abortion drugs
- This does not mean that a pharmacy that is part of a chain will not provide it in other states
- Because this news is so recent, we do not have a list of pharmacies outside of Ohio that are or will be providing the drug, and it will change as pharmacies drop on and off. Certainly, this is a good reason to think of who is providing your medicines.
- Combined with the change in conscience protection laws listed in the first point, this will have the potential to force pharmacists to provide abortion drugs.
Step 3: On the evening of January 5th, the Department of Justice announced it will not pursue action against abortion drugs illegally mailed into states that prohibit it. While the first two provisions have gotten extensive coverage and provided limited relief for protection in Ohio law, this issue has largely slipped under the radar, even among pro-life leaders. Here is the DOJ slip opinion. A few things about what this means:
- The opinion specifically refers to the mailing, delivery, or receiving of abortion pills, as long as the act is not done with the intent for it to be used illegally.
- On its face, this looks like a reasonable assurance that, for example, a mailman will not be complicit in illegal abortion by delivering a package of abortion pills. However, the memo contains a meaty loophole.
- Specifically, this loophole (page 17) is that the memo states that a provider in another state will "typically" be familiar with federal, rather than state law, and typically will not know the intention of illegal use.
- The opinion is legal guidance for the DOJ, not a law or a regulatory standard. A future administration could reverse this.
This is a clearly orchestrated attack on unborn life that is intended to undermine the spirit of Dobbs, which declares that states have the right to regulate abortion. It also continues to apply significant pressure to doctors, nurses, pharmacists, hospital systems, and more to engage in professional behavior that they find morally repugnant or opposed to deeply held religious beliefs. This is not acceptable. It also gives a significant wink to the networks and activists encouraging or providing abortions illegally. This is not theoretical. Yesterday as I walked through downtown Columbus, I spotted dozens of these stickers (placed illegally) on street lamps and other fixtures.

The number of abortions that are occurring via the pill has experienced a dramatic increase in Ohio. A few years ago, the number of legal abortions happening via the pill was about 3%. Today, it is over 80%. This does not count the number that is coming into the state illegally via programs like the one advertised above. A few things to know:
- Abortion pills are different than contraception or emergency contraception in how they work.
- Abortion pills have been subjected to "black box" warnings because of complications that have included hemorrhaging and death. A recent FDA publication cites 28 deaths due to the abortion pill through July of 2022.
- A recent study concludes that there is significant negative impact of Chemical Abortion
- Abortion providers reported 636 adverse impacts for the abortion pill from January 2013 until August of 2022. We have reason to believe that this number is significantly under-reported.
- Providing abortion drugs via mail may mean that women are not screened properly for gestation or ectopic pregnancy, which could cause significant health risks. The abortion pill is only approved in pregnancies up to ten weeks, and it will not resolve an ectopic pregnancy (which requires emergency medical intervention - not an abortion).
What is GCRTL doing?
Greater Columbus Right to Life is going to continue to monitor these developments and will quickly be responding by: sharing action alerts against the proposed HHS rules, contacting lawmakers and regulatory agencies to ensure that Ohio providers are well aware that retail distribution of abortion pills is not legal here, and reviewing Ohio law to recommend any necessary updates in light of this information.
What can I do?
- Pray: Prayer and fasting continue to be the bedrock of our programs. Keep us and this work in your prayer intentions every day.
- Act: Keep an eye out for our emails and communications and respond to action alerts. We know everyone gets a lot of email, and we try to make sure that our content is timely, thorough, and useful.
- Participate: Come to our events like the Roe Remembrance. Join us for 40 Days for Life. Schedule a program at your church or school - we especially recommend a current events or understanding abortion right now. Call us at 614-445-8508 or go online to get started.
- Donate: We only do this work because hundreds of people like you support it. The majority of our donations are $50 or less, but they add up and are critical to our mission.
Do you have any good news?
We sure do! Yesterday, Governor Mike DeWine signed HB 504, the Sacred Spaces Act. This law, sponsored by Representative Mark Johnson, updates the law and increases penalties for anyone who disturbs church services and worship/religious spaces in person or online. The bill was passed with overwhelming support in the legislature and won high praise from Ohio AG Dave Yost.
The legislation was introduced in response to the events of 2021, where a group of protestors interrupted both the Respect Life Mass at St. Joseph Cathedral and the Roe Remembrance. In publications, activists and related organizations specifically justified their behavior by objecting to the pro-life stance of the Catholic Church and the fact that St. Joseph Cathedral is the home parish of the GCRTL executive director.
We appreciate the work of Representative Johnson and others to recognize that it is not ok for anyone to disturb places of worship. Ohio law is clear on this, and anyone breaking that law should be prosecuted fully.