Group of Legislators Thanks Walgreens for Following Law
We all know that some things are not what they seem. That occurred this past week. All we heard in the media as a response from the legislature regarding Walgreen’s decision to not mail abortion pills to Alaska was an outcry in letter form bashing the company and urging the reversal of its decision. What you didn’t hear was that there was another letter.
Let’s talk first about the letter that bashed.
First, the letter chastised (ironically) the company that they should not “willingly eliminate access to life-saving medication”. Excuse me, abortion pills kill babies; and if a pregnant mother’s life were in jeopardy, she wouldn’t be taking this pill at home for goodness’ sake.
Secondly the letter implied (incorrectly) in its assertion that abortion is protected under the right to privacy in our state constitution, that self-administration of abortion medication at home is legal.
Taking a pill at home to cause an abortion is not legal in our state. Our statutes (AS 18.16.010) are clear: abortion meds must be administered in a medical facility under the supervision of a practitioner.
Abortion is also not mentioned in our constitution, not once. According to the constitution (Article 1, Section 22), the right to privacy is to be implemented by the legislature, but a funny thing – actually a horrible thing – has been happening. Judges instead of the legislature have been defining and implementing the right to privacy in regard to privacy. Every time they have knocked down a law passed by the legislature pertaining to abortion, judges have further defined and implemented the right to privacy. This is in direct opposition to what the constitution says and puts in question their abortion rulings.
All this, of course, didn’t matter to the pro-abortion letter writers. What they want is easy access in Alaska to a pill that sadly kills the unborn.
Enough about the first letter the media covered. What was the legislative response to the Walgreens decision not reported in the news?
It turns out that pro-life legislators wrote a letter, too. Yours truly led the effort. Walgreens may not be perfect, but its recent decision aligns with federal law and state law. Giving credit where credit is due is important. A “good job” compliment can foster additional positive outcomes.
Federal law currently disallows abortion medication to be mailed. As alluded to earlier, our Alaska statutes require an abortion be under the supervision of a physician at a medical facility. (In 2021, Superior Court Judge Josie Garton issued a preliminary injunction that also permits advanced practice clinicians to perform medication abortions.)
Not only was it important to express appreciation in the letter for following the law, but it was also important to highlight our specific state law to the company for purposes of future and other related decisions. We want the CEO, Ms. Brewer, to be aware of our state requirements and to be aware that we are aware of these requirements!
Finally, it was important to thank the company for protecting women and babies in Alaska – that their compliance with federal and state laws will result in medical risk reductions and fewer deaths. I’m quite sure vulnerable unborn babies are grateful too for Walgreen’s decision.
Content of March 8, 2023 Letter to Walgreens CEO Brewer
