Why Republicans’ New National Abortion Ban Won't End Abortion Access
05.08.26
I promised you a multi-part series on what traditional media is hiding to distract us from the true MAGA agenda. That was 14 days ago.
I had a whole plan for that series, but shortly after that post, I completely burnt myself out. In a last-ditch effort to save my sanity (and, perhaps, in a slight episode of mania), I hopped on a plane to the furthest country from the U.S. that my passport would take me; I went to Australia. I also went cold turkey for two weeks on the burning dumpster fire that is the U.S. right now. I shut down all news apps, muted my group chats, had too many cocktails and koala selfies, but also have zero regrets.
I needed the break to sustain myself for what’s coming. Although I didn’t realize the “what’s coming” would happen while I was gone: the nationwide abortion ban we’ve been screaming about since Dobbs. Let’s dive in.
ICYMI
Last Friday was, in my opinion, the second worst day in U.S. history for reproductive rights, the first being Dobbs itself. A federal court ruled that mifepristone could no longer be dispensed by mail or through pharmacies, effectively shutting down access for a medication used in the vast majority of abortions across the U.S. The judge in this case was, unsurprisingly, a Trump appointee. On Monday, SCOTUS intervened by issuing a temporary stay, restoring access until May 11.
How we got here
After the Dobbs decision overturned Roe in 2022, the Biden administration immediately directed federal agencies to expand medication abortion access. The FDA responded by lifting its in-person dispensing requirement, meaning mifepristone could be prescribed via telehealth and shipped by mail anywhere in the country, including to people living under state bans.
Louisiana sued the FDA for that. The state was PISSED that its residents could circumvent its near total abortion ban. I guess they didn’t get the memo that abortion bans don’t stop abortions; they simply force women to seek alternative ways to access care. Louisiana argued that if its residents can access medication abortion through telehealth and the mail, the ban becomes unenforceable.
If this doesn’t tell you everything you need to know about the anti-abortion agenda, I don’t know what will. Louisiana’s case is not about patient safety and it’s not about protecting women. It’s about punishing its residents for unapologetically continuing to access care that they need.
However, the Fifth Circuit ruled in the state’s favor and reinstated medically unnecessary in-person requirements that have no basis in clinical evidence. The two pharmaceutical manufacturers of mifepristone, Danko Labs and GenBioPro, immediately appealed, forcing Justice Alito to issue a one-week stay while SCOTUS reviews the case.
Here’s what gets me about this case. Republicans told us the fight over Roe was about states’ rights: returning the decision to the people, letting local governments reflect local values. Yet now, a MAGA-backed federal court ruling is threatening to override every state that has chosen to protect access. It turns out states’ rights was never the goal, it was just a more palatable pathway to a national ban.
Republicans told us the fight over Roe was about states’ rights…Yet now, a MAGA-backed federal court ruling is threatening to override every state that has chosen to protect access.
What this ruling is and what it isn’t
This is not a case about science. If it was, the lawsuit would not have been built on disinformation. The goal has always been to restrict medication abortion and advance a de facto nationwide ban, one pharmacy restriction, one telehealth rollback at a time.
The Fifth Circuit ruling would make medication abortion harder to access everywhere, not just in ban states, by restricting mifepristone by mail, pharmacy, and more broadly, telehealth. It’s a systematic elimination of the primary way most people in this country access abortion care.
SCOTUS’ stay restored those access points temporarily, but the underlying ruling remains in place. What we are living through right now is the deliberate chaos that has been a cornerstone of the anti-abortion movement’s strategy: you don’t have to ban abortion outright if you can make it practically unreachable.
What happens if SCOTUS rules against us
All is not lost. Mifepristone is one half of a two-drug combination. The other half is misoprostol, which can be used alone to terminate a pregnancy. There are several countries who rely on it exclusively when mifepristone is unavailable. Misoprostol was originally approved by the FDA to treat stomach ulcers and has since been widely adapted by clinicians for use in medication abortion and miscarriage care.
Misoprostol has largely stayed out of anti-abortion crosshairs because it was never formally FDA-approved for abortion, which makes it harder to attack on those grounds. But don’t mistake “harder to attack” for safe from attack. It is only a matter of time before it becomes the next target. Because this has never been about the specific drug or patient safety or protecting women. It has always been about banning access nationwide.
This has never been about the specific drug or patient safety or protecting women. It has always been about banning access nationwide.
What you can do
Make sure people know what this case is really about. Share this piece. Correct your Trump-y relatives. Let people you care about know what’s at stake here. The last thing Trump wants ahead of the midterms is to revive abortion as a voting issue because Americans vote in favor of abortion every time. Republicans do not want abortion in the public sphere. So you know what to do: share, share, share!
The last thing Trump wants ahead of the midterms is to revive abortion as a voting issue because Americans vote in favor of abortion every time.
If you think you may be at risk of an unintended pregnancy within the next year, consider stocking up on mifepristone. We do not make this recommendation lightly as it’s often more harmful than helpful to short the supply for pregnant people in imminent need. However, this situation is somewhat the end of the road for mifepristone* if the SCOTUS ruling doesn’t go our way. Call your doctor or visit any of these great resources:
*Regardless of how the SCOTUS decision goes though, you will still be able to access emergency contraception nationwide. Unlike medication abortion, emergency contraception prevents fertilization altogether for immediate pregnancy prevention within 72 hrs of unprotected sex.
We’ll keep you posted on the SCOTUS decision and get back to the series soon because now I’m rested and I’m ready to burn down the patriarchy. Are you?
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