In states where abortion is already prohibited, some lawmakers are striving to explicitly outlaw abortion pills and even propose measures that would potentially penalize women seeking to terminate their pregnancies. Although it may be early in the legislative session to determine the likelihood of these proposals advancing, the evolving discourse surrounding abortion policy continues to emerge in the wake of the Supreme Court’s decision in 2022, which overturned Roe v. Wade and prompted various state-level restrictions.
Several lawmakers have initiated legislative measures aimed at designating the abortion drugs mifepristone and misoprostol, which are widely used together in most abortions, as controlled substances. This change would make it unlawful to possess these medications without a prescription. Last year, Louisiana became the first state to enact such a law, although medical professionals expressed concern over the implications for crucial medical procedures needing these drugs.
Most of these legislative efforts have been seen in states under Republican control, particularly those where bans on abortion throughout pregnancy exist, albeit with certain exceptions. However, such initiatives have not gained momentum in states like Indiana and Mississippi and remain uncertain in places like Idaho, Oklahoma, Tennessee, and Texas. In Oklahoma, Governor Kevin Stitt has pledged to approve any anti-abortion legislation that reaches his desk. According to Laura Hermer, a law professor specializing in abortion policy, even proposals that struggle to gain traction can normalize the ideas behind them.
The fight over abortion pills is intensifying, even in the absence of new state regulations. In two states with rigorous abortion laws, a New York doctor has faced legal challenges for allegedly providing abortion pills to patients across state lines. Recently, a grand jury in Louisiana indicted Dr. Maggie Carpenter for alleged criminal abortion through medication, while a civil lawsuit has been initiated against her by Texas Attorney General Ken Paxton. These legal battles could challenge the protections provided to healthcare professionals in Democratic-led states such as New York, which seeks to defend those prescribing such medications via telehealth.
In response to Carpenter’s indictment, New York Governor Kathy Hochul has enacted a new law allowing physicians to omit their names from prescription labels for abortion drugs, with similar proposals also being considered in Maine. Meanwhile, the attorneys general from Idaho, Kansas, and Missouri are pursuing federal court actions aiming to revoke federal approvals for mifepristone and restrict telehealth prescriptions. Advocacy groups are urging federal authorities to enforce an 1873 law that could prohibit the mailing of abortion-related medications, although no action has been taken.
While opponents argue that abortion drugs are dangerous, several leading medical associations maintain that they are safe and effective. The American College of Obstetricians and Gynecologists has referenced extensive research indicating that significant adverse effects occurring from mifepristone are remarkably rare, with instances of serious complications reported in less than 0.32% of cases.
Additionally, there are ongoing legislative movements to impose criminal charges on women for obtaining abortions, including severe allegations such as murder; however, this initiative has yet to find support in any state. Notably, prominent anti-abortion organizations are also against these measures, which have surfaced in places like Idaho, Indiana, Oklahoma, North Dakota, and South Carolina, but most have yet to proceed far in the legislative process. Richard Cash, a Republican state senator in South Carolina who has introduced punitive legislation targeting women, claims that the intent is to hold accountable anyone involved in the termination of what they consider a human life.
