Finally, some modest good news for abortion rights in America | Moira Donegan

The first, from the Department of Justice (DoJ), was a statement meant to push back against a legal absurdity that is gaining popularity on the anti-choice right: the idea that the 1873 Comstock Act, an archaic anti-obscenity law, prohibits the sending of abortion medication through the mail. The second was a move by the Food and Drug Administration (FDA) to allow mifepristone, one of the two drugs used in medication abortions, to be distributed at retail pharmacies, rather than exclusively from doctors.

Not all healthcare providers, for instance, can prescribe mifepristone: those that do must first prove to agency satisfaction that they are competent to perform abortions. Patients, too, must still sign a consent form, something not required of other medicines. And there are new obligations for the pharmacies that want to distribute the drug. Each pharmacy must appoint and train a compliance officer who is in charge of ensuring that all the rules surrounding mifepristone are followed, for example; steps must be taken to conceal the names of prescribing doctors, including from internal company databases, to protect them from violence and harassment.

The move does seem likely to marginally expand access to abortion pills, at least in Democratic-led states. On Thursday, CVS and Walgreens indicated that they would begin distributing mifepristone. The change is a small and important step toward removing the needless and bigoted bureaucratic obstacles that both stigmatize abortion care and place it out of reach, and towards placing these medications where they belong: over the counter.

Still, the moves are encouraging signs from the Biden administration, whose response to Dobbs, and to the mounting civil rights and public health crises that it has unleashed, has tended to vacillate between incompetence, indifference and outright contempt. The Democratic party has long treated the left, and feminism in particular, as an annoying younger sibling that it needs to keep in line.