With the midterm elections approaching, Republicans face several political challenges, including an unpopular war, rising inflation, and declining approval ratings for President Trump. Another complex issue is now emerging: abortion.
Four years after the Supreme Court overturned Roe v. Wade, abortion remains widely available, with a slight increase in the number of procedures. This is largely due to the accessibility of abortion pills, particularly mifepristone, which the Food and Drug Administration (FDA) allowed through mail orders during the Biden administration.
A lawsuit against the FDA now puts this access at risk. The Trump administration has notably remained silent about the case, even as it reached the Supreme Court. Brought by Louisiana, the lawsuit led a federal appeals court to temporarily block the policy permitting telemedicine and mail distribution of mifepristone. The Supreme Court promptly intervened, twice pausing the ruling and eventually restoring telemedicine and mail access while the case continues in lower courts.
President Trump has refrained from commenting on the issue, despite his stance as a “pro-life” leader. Unusually, his Justice Department chose not to submit a brief to the Supreme Court to defend the FDA’s case. Samuel Bagenstos, former general counsel for the Department of Health and Human Services, described this as shocking, indicating the difficult political situation for the Trump administration.