Written by: Clarissa Kenyon
The battle over bodily autonomy and abortion access has once again become a focal point in a presidential race, with President Biden advocating for reproductive freedom. At the same time, former President and presumed Republican nominee, Donald Trump continues to shape the conversation through the Supreme Court’s conservative majority. This conservative tilt has already made its mark, with a 2022 decision overturning Roe v. Wade, and now, the fate of mifepristone, a crucial element in medication-induced abortions, hangs in the balance.
Why does this matter? Mifepristone has been a key component of medication abortion for over two decades, with more than five million women in the U.S. utilizing it to terminate pregnancies and treat miscarriages – not to mention uses for treating Cushing’s syndrome and uterine fibroids. It is approved for use in dozens of other countries, underscoring its global acceptance as safe and effective.
Last year, anti-abortion advocates filed a lawsuit against the F.D.A., challenging its approval of mifepristone and calling for its removal from the market, citing safety concerns and alleging flaws in the drug’s approval process. The F.D.A., however, vehemently defended the drug’s safety, pointing to rigorous studies and a special regulatory framework that subjects mifepristone to more scrutiny than many other drugs.
The legal saga unfolded as a Trump-appointed judge in Texas preliminarily invalidated the F.D.A.’s approval of mifepristone. Subsequently, the Fifth Circuit upheld major aspects of the ruling, allowing the drug to remain on the market but imposing substantial restrictions. The timing is no coincidence, as the Republican party has a much better chance of turning out their voters – many of whom believe that voting pro-life is a moral imperative in addition to a civic duty – if abortion is on the ballot.
We cannot underestimate the potential consequences Restrictions on mifepristone could limit access even in states where abortion is legal. It also undermines the F.D.A.’s authority over drug regulation, raising questions about the future oversight of medications. No matter the verdict, the fact that the court is hearing the case alone is being used as a lever in a critical election cycle. If a Republican ends up in the Oval Office there is a strong possibility that the elder Justices Thomas and Alito may retire, allowing for younger conservatives to fill their seats with lifelong terms.
Clearly what’s at stake here goes beyond one drug and the battle over abortion rights. If the Supreme Court upholds the restrictive measures, it will set a legal precedent for future challenges against the F.D.A.’s approval of other types of medications. The case has already garnered attention from leaders in the pharma and biotech industries, who fear this precedent will undermine their businesses by eroding the reliance on a single national standard. This opens the door to any number of dogmatic or politically motivated legal “interventions” in personal decisions that should be between an individual and their healthcare providers.
In a society that values individual autonomy and the right to make informed choices about one’s body, the Supreme Court’s decision on mifepristone represents a critical juncture in the ongoing battle for reproductive freedom. As the legal drama unfolds, it is our responsibility to stay informed, engage in dialogue, and advocate for a future where individuals can access the healthcare they need without unnecessary impediments. We invite you to join Lancaster Stands Up and fight for Pennsylvanians’ right to bodily autonomy.
