Biden administration signals fight over medication abortion
President Joe Biden's administration indicated it will seek to prevent states from banning a pill used for medication abortion in light of the Supreme Court ruling overturning the landmark Roe v. Wade ruling, signaling a major new legal fight.
The administration could argue in court that the U.S. Food and Drug Administration's (FDA) approval of mifepristone, one of the pills used for medication abortions, pre-empts state restrictions, meaning federal authority outweighs any state action.
That same argument has already been raised by Las Vegas-based GenBioPro Inc, which sells a generic version of the pill, in a lawsuit challenging Mississippi's restrictions on medication abortion.
More than a dozen states plan to almost totally ban abortion with the Roe v. Wade precedent upended. In a stunning ruling, the conservative majority Supreme Court overturned Roe on a 5-4 vote on Friday, saying there is no right to abortion in the U.S. Constitution.
States will likely face other difficulties enforcing restrictions on medication abortion because women are still likely to be able to obtain the pills online or in other states.
Biden said in remarks after the Supreme Court ruling that the government would seek to protect access to medication abortion, saying efforts to restrict it would be "wrong and extreme and out of touch with the majority of Americans."