Trump's Base Growing Impatient on Abortion Pill Action
As the Trump administration continues its review of the abortion pill mifepristone, anti-abortion voices are growing increasingly anxious for a decision that could significantly alter access to the procedure nationwide. However, any sweeping changes to abortion laws at the federal level could prove risky for the Republican party heading into the critical 2022 midterm elections.
During his 2016 campaign, President Trump positioned himself as a staunch opponent of abortion rights, promising to appoint Supreme Court justices who would overturn the landmark Roe v. Wade decision. Once in office, Trump followed through, nominating three conservative justices - Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett - who ultimately formed the majority in the court's decision to strike down Roe in June 2022.
This victory for the anti-abortion movement has only heightened their demands for further restrictions. In particular, they have zeroed in on mifepristone, a medication that, when used in combination with another drug, misoprostol, induces an abortion during the first 10 weeks of pregnancy. Mifepristone was approved by the FDA in 2000, and today accounts for more than half of all abortions in the United States.
Abortion opponents argue that the FDA's original approval of mifepristone was flawed and that the drug poses significant health risks, despite extensive research confirming its safety. In 2019, the Trump administration attempted to impose new restrictions on the medication, requiring it to be dispensed in person rather than by mail. However, those rules were blocked by federal judges during the COVID-19 pandemic, when remote access to healthcare became essential.
Now, anti-abortion groups are urging the Biden administration to complete a review of mifepristone's status, with the ultimate goal of potentially revoking or further limiting its approval. The stakes are high, as a reversal could make medication abortions effectively illegal nationwide, even in states where abortion remains legal.
"The pro-life movement has been eagerly awaiting action from this administration on the abortion pill," said Marjorie Dannenfelser, president of the Susan B. Anthony List, a prominent anti-abortion organization. "Time is of the essence."
However, any drastic federal action on abortion access could backfire politically for Republicans. The overturning of Roe v. Wade has galvanized abortion rights supporters, who mobilized in record numbers during the 2022 midterm elections to protect reproductive freedoms. Several ballot measures to enshrine abortion protections in state constitutions passed overwhelmingly, including in traditionally conservative states like Kansas.
Republican strategists are concerned that a further crackdown on abortion, particularly the widely-used mifepristone, could alienate key swing voters and motivate high turnout among Democratic and independent women in the next election cycle. In a post-Roe landscape, the party will need to delicately navigate the issue to avoid energizing the opposition.
"There's a real risk of overplaying their hand," said Sarah Longwell, a Republican strategist and founder of the anti-Trump organization The Republican Accountability Project. "Voters want to see a degree of moderation and restraint, not an all-out assault on abortion rights."
Indeed, polling suggests that a majority of Americans, including many Republicans, support preserving at least some legal access to abortion. A 2022 Pew Research Center survey found that 61% of U.S. adults say abortion should be legal in all or most cases.
The Biden administration, for its part, has vowed to protect access to mifepristone and other abortion medications to the fullest extent of the law. In the wake of the Dobbs v. Jackson decision that overturned Roe, the FDA reaffirmed that it would not rescind its approval of mifepristone. The Department of Justice has also intervened in lawsuits challenging the drug's status.
However, the final decision on mifepristone's future ultimately rests with the courts. A group of anti-abortion medical organizations filed a lawsuit in November 2022, arguing that the FDA's original approval of the drug was flawed and should be reversed. A ruling in that case, which is pending in a federal district court in Texas, could have sweeping implications.
If the court sides with the plaintiffs and the Biden administration is unable to successfully appeal the decision, it could effectively ban medication abortions nationwide, forcing patients to seek more invasive surgical procedures instead. Such an outcome would represent a major victory for the anti-abortion movement, but could also exact a heavy political price for Republicans.
Ultimately, the fate of mifepristone and the broader fight over abortion access remains highly uncertain. As the debate continues to play out in the courts and the political arena, both sides will be closely watching the fallout - and voters will be watching them.