Anti-Abortion Groups Continue Legal Fight to Restrict Access to Abortion Pills Despite Supreme Court Decision

Despite the recent Supreme Court ruling that upheld the availability of abortion pills in 36 states, anti-abortion groups show no signs of relenting in their efforts to limit access to these pills. The court's unanimous decision, while specific, did not deter the broader movement to curtail access to abortion.

Continued Legal Challenges

Three states – Idaho, Kansas, and Missouri – are pressing forward with plans to pursue a case in federal district court to make abortion pills more difficult to obtain. In addition, there are anticipated efforts to revive a 151-year-old federal law that could potentially prohibit the mailing of abortion pills. Furthermore, advocates for abortion access predict that a potential second Trump administration could lead to similar restrictions.

Idaho, Kansas, and Missouri are determined to bring forward their own claims, having successfully intervened in a federal district court case in Texas earlier this year. These states may continue the case, making similar attacks on mifepristone and seeking to limit access to the drug nationwide. The outcome of whether states can effectively take over the case from the original plaintiffs is likely to be heavily contested.

Legal Expectations

There is a difference of legal opinions on the future of the case. While some legal experts argue that the entire lawsuit should be dismissed now that the original plaintiffs have been deemed to lack standing, others, such as Kristen Waggoner, CEO and general counsel of the Alliance Defending Freedom, believe that the case will persist in court. Waggoner highlighted two arguments for states to continue pursuing the case, citing the potential override of state law by allowing abortion pills to be sent through the mail, as well as the economic impact on states having to care for women experiencing side effects of the pills.

Impact of Medication Abortion

Medication abortion is legal in some form in 36 states and Washington, D.C. It accounted for 63% of U.S. abortions in 2023, up from more than half in 2020. This data is from the Guttmacher Institute, which advocates for abortion access. The standard two-pill regimen for a medication abortion has a 0.4% risk of major complications.