A dispute in the Supreme Court over medication abortion is jeopardizing reproductive rights services in states governed by Democrats, facing challenges due to physician shortages and an increase in patients from states where abortion is restricted. Governors Gavin Newsom, Gretchen Whitmer, and 20 others are urging the Supreme Court to support the Food and Drug Administration in a challenge to the agency’s safety decisions on mifepristone. The justices are considering whether to uphold a lower court’s decision to prevent the drug from being mailed and prescribed by non-physicians.
The invalidation of the FDA’s decisions could significantly disrupt state governance, hampering governors’ ability to protect public health and safety in the realm of reproductive healthcare and beyond, as stated by the governors in a brief filed through their Reproductive Freedom Alliance coalition. Since the 2022 Dobbs v. Jackson Women’s Health Organization decision that stripped federal abortion rights, states have increasingly relied on medication abortion for patients, leading to a substantial rise in abortion rates in states where the procedure is still legal.
Conservatives like Stephen Billy from Susan B. Anthony Pro-Life America argue that the safety protocols for in-person doctor visits should be reinstated after the Biden-Harris Administration removed them, claiming that it was not based on medical evidence or statutory requirements. Democratic-led states are considering various options to uphold mifepristone access if the Supreme Court imposes restrictions.
Governors like Wes Moore from Maryland, Gavin Newsom in California, and Maura Healey in Massachusetts have taken steps to safeguard medication abortion access in light of potential limitations from the Supreme Court ruling. While states may face challenges in ensuring mifepristone access without FDA approval, the alliance remains steadfast in their commitment to defending reproductive rights and access to safe abortion. Abortion is expected to be a major issue in the upcoming November elections, with states considering ballot measures to protect abortion rights.