The Supreme Court’s decision on mifepristone in June was a setback for abortion opponents, but they are already planning their next moves. New groups may try to challenge the drug’s approval, and if Trump wins in 2024, conservatives have plans to impose national limits on abortion through executive action.
The plaintiffs in the FDA vs. Alliance case made claims against the FDA’s authority to approve mifepristone and allow mail delivery of the pills. While the Supreme Court ruled that the Alliance plaintiffs lacked standing to sue, other plaintiffs, like the states of Kansas, Missouri, and Idaho, may try to bring similar claims in the future.
However, there are doubts about the states’ arguments for standing, especially since abortion is legal in Kansas with restrictions. Despite legal battles, abortion opponents and conservatives are also focusing on other strategies beyond litigation. Louisiana and Idaho have passed laws to regulate mifepristone and medication abortion, while conservative groups have outlined plans for a potential second Trump administration to restrict access to mifepristone.
If Trump were to win a second term, his administration could take actions to reverse the approval of mifepristone and restrict telehealth options for medication abortion. The Heritage Foundation’s Project 2025 plan proposes these changes, along with using the Comstock Act to criminally prosecute the mailing or receipt of mifepristone.
While the Alliance case may resurface in the future, the fight over a national abortion ban is likely to involve a range of strategies beyond legal challenges. Abortion opponents are exploring various avenues to restrict access to mifepristone and medication abortion, signaling a continued battle in the ongoing debate over reproductive rights.
