USA (Washington Insider Magazine) -The Supreme Court’s decision on Thursday not to impose restrictions on mifepristone, a key abortion drug, marks a victory for abortion rights advocates but underscores the importance of the upcoming 2024 presidential election in determining access to the drug nationwide.
The president holds significant power over federal agencies that regulate abortion policy. A potential Trump administration could take steps the Supreme Court avoided, such as imposing strict restrictions on mifepristone or even pulling the drug from the market altogether. Mifepristone is used in over 60% of U.S. abortions.
“This decision puts the future of mifepristone in the hands of the next administration,” said Roger Severino, a conservative leader at the Heritage Foundation who worked on abortion policies under Trump. He added that a new administration could tighten controls on the drug, which has been central to the rise in medication abortions.
President Joe Biden has pledged to protect access to abortion pills, which leading medical associations deem safe. In contrast, Trump has distanced himself from the issue, stating that it should be left to the states. However, Biden’s campaign is already warning voters that Trump could take aggressive action against abortion rights if reelected.
The Trump campaign sought to downplay Thursday’s ruling, with senior adviser Danielle Alvarez stating, “The Supreme Court has unanimously decided. The matter is settled.” However, Biden’s team quickly pointed out Trump’s role in appointing three justices who helped overturn Roe v. Wade, emphasizing that his return to power could result in severe restrictions on abortion pills.
Antiabortion advocates remain hopeful that Trump would take action on abortion pills if he wins. James Bopp Jr., general counsel for the National Right to Life Committee, said he expects Trump to repeal Biden’s regulations and revert to Trump-era policies, such as requiring in-person consultations before taking abortion pills.
While the Supreme Court’s decision did not address the merits of the case, many antiabortion groups see a Republican president as the key to reducing access to abortion pills. In 2023, the rise of medication abortions has been significant, with women now able to access the drugs by mail in many states, even where the procedure is banned.
Conservative groups, like the Heritage Foundation, are pushing for the next Republican administration to overhaul the FDA’s policies on mifepristone. They believe the FDA could even revisit its 2000 approval of the drug.
Trump has faced challenges in addressing the issue of abortion since Roe was overturned, as it remains a strong mobilizing factor for Democrats. On Thursday, Trump advised Republicans to be cautious when discussing abortion, emphasizing respect for women’s choices and suggesting that the issue should be handled at the state level.
Law professor Greer Donley from the University of Pittsburgh believes the fight against mifepristone is only beginning. If Trump is reelected and appoints an antiabortion FDA commissioner, she said, “they’ll be able to work from the inside to do whatever they want.”
