The anti-abortion wins buried in the Supreme Court’s unanimous ruling against them
Yet tucked in the pages of the unanimous ruling were potentially useful hints for abortion opponents, laying out a path to mount similar challenges to the medication in the future and limit abortion access in other ways.
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Supreme Court dismisses case that would have limited abortion pill access
Other cases challenging the FDA’s decision to allow mifepristone to be prescribed online could also make their way back to the high court. Attorneys general in Idaho, Kansas and Missouri have raised similar challenges, and during oral arguments, Alito indicated that he at least would be open to hearing their arguments. On Thursday, Kansas Attorney General Kris Kobach and Missouri Attorney General Andrew Bailey — who both oppose abortion — said they intend to move forward with those challenges, the Kansas City Star reported.
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The Supreme Court’s abortion pill case is only a narrow and temporary victory for abortion
The decision is unanimous, but it leaves open two routes Republicans could take to pull mifepristone from the market.
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Despite the supreme court ruling for the abortion pill, the battle is far from over
A future Trump administration could also target mifepristone using the Comstock Act, a 19th-century anti-vice law that, some anti-abortion activists argue, bans the mailing of all abortion-related materials. The Biden administration has disagreed with that interpretation, issuing guidance arguing that the Comstock Act only bans such materials if the sender intends to use them to break the law, but a Trump administration may take a more hardline approach. Without involving Congress, Trump could use the Comstock Act to outlaw the mailing of mifepristone – which would result in a de facto ban on the pill.
Project 2025, a playbook written by the influential conservative thinktank the Heritage Foundation, recommends that a future conservative administration do just that.
Read more at The Guardian
Supreme Court won’t restrict access to abortion pill
Thursday’s decision shifts the spotlight to conservatives’ other strategies to limit access to the drug, such as lobbying state legislators to pass laws prohibiting its use and paving the way for new restrictions in a potential second Trump administration. The high court’s decision does not prevent future administrations from rolling back access to mifepristone; it merely holds that anti-abortion doctors have not suffered the sort of harm from the FDA’s current policies that would allow them to sue in federal court.
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