Ever since Dobbs ended the constitutional right to abortion, activists opposed to the procedure have homed in on mifepristone in their quest not to “leave it to the states,” but to outlaw it everywhere. Many blue states have stood up shield laws to protect their providers when they prescribe mifepristone to patients in red ones. So far, when the red state has tried to prosecute the doctor — as when Texas Attorney General Ken Paxton (R) tried to punish New York doctor Margaret Carpenter in 2024 — the blue states have simply refused to extradite her or enforce the judgment. The bigger battle of state jurisdictions is inevitable, though, where shield laws will be held against states’ constitutional obligation to enforce other states’ judicial proceedings.
For now, the anti-abortion activists at the tip of the spear are trying to run back 2024’s failed effort again, this time in a slightly different outfit. If Wednesday’s case, Louisiana v. FDA, makes its way up to the Supreme Court, the justices will again face an effort to restrict mifepristone for blue states as well as red ones, premised on the wobbliest of injuries.
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