Denying Abortion Medication Could Violate Civil Rights Laws, Biden Admin Tells Pharmacies

The Biden administration is telling pharmacies nationwide that refusing to provide abortion medication could violate federal law.

The Department of Health and Human Services is notifying the country's roughly 60,000 retail pharmacies that they risk violating civil rights laws if they don't fill orders for contraception or abortion medication, on the grounds that such refusals would amount to discrimination against a pregnant woman. Some pharmacies in states where abortion is now illegal are reportedly refusing to fill prescriptions for abortion and contraception pills, as well as other medications suspected of being used to terminate a pregnancy. "HHS is committed to ensuring that everyone can access healthcare, free of discrimination," HHS Secretary Xavier Becerra said. "This includes access to prescription medication —including birth control, miscarriage management, and medication abortion from their pharmacy."

Coverage from right-rated outlets often described the HHS guidelines as a "warning," and framed federal efforts to ensure abortion access and provide resources in a negative light. One report from Washington Examiner highlighted how the guidelines don't mention the Obamacare-established exception "for pharmacists who object to medication abortion on religious or moral grounds." Coverage from left- and center-rated outlets often described the guidelines as a "reminder," and focused more on potential consequences for women who may be denied abortion medication. One report from Politico highlighted pro-choice activists who said the guidelines are "too vague to give confidence to doctors in states that have recently banned abortion and are threatening providers with jail time."