RELEASE: SCOTUS Dismissal of Mifepristone Case Means State Legislatures Remain the Arbiters of Abortion Access

Press Releases

SCOTUS dismisses extreme mifepristone challenge, but the door remains open for states to continue imposing restrictions, including the 14 Republican-controlled states that already ban access

WASHINGTON — Today, the Supreme Court of the United States (SCOTUS) allowed mifepristone to remain available, rejecting an extreme challenge of the FDA’s approval of the drug. However, the court’s dismissal of the case did nothing to change the fact that access to this safe and common abortion medication will continue to be restricted in the states because of the actions of GOP-controlled state legislatures. 

All 14 GOP states with near-total abortion bans have separate provisions limiting medication abortion. Republicans are blocking access through telehealth bans, unnecessary doctor visits, and prescription requirements. Fourteen states already have laws that restrict medication abortion, with six states requiring patients to meet in person with a physician before obtaining the medication, and two states banning the medication from being mailed to patients. Despite the Supreme Court’s decision today, millions of people will still have restricted access to the health care they deserve.

Since the Supreme Court struck down Roe, states have become the arbiters of the landscape of reproductive freedoms. Every state with a Republican trifecta has passed legislation to ban abortion, while every state with a Democratic legislative majority has taken action to protect or expand abortion access. With fundamental freedoms on the line in the states, electing Democrats to state legislatures across the country has never been more essential.

Democratic Legislative Campaign Committee National Press Secretary Sam Paisley issued the following statement: 

“This Supreme Court has yet again released a decision that raises the stakes of state and local elections. Along with Donald Trump saying that he will ‘leave it to the states,’ it is clear that the Republican playbook is to use their control of state legislatures to restrict access to health care and limit reproductive freedom for millions of Americans. As we look to the consequential elections this fall, Democrats must fight to win up and down the ticket and invest in state legislative campaigns to ensure that the MAGA agenda is stopped in its tracks.”

The DLCC is the official arm of the Democratic Party with the sole mission of building Democratic power in the states and setting the national agenda at the state level. Over the last decade, we have fought cycle-over-cycle to gain a dozen new legislative chamber majorities and we are leading the effort to bring national attention and investment to our ballot level. State legislatures are the building blocks of our democracy and have the closest connections to Americans’ day-to-day lives. From protecting fundamental freedoms and voting rights to growing the middle class, the DLCC and state legislators are moving the Democratic agenda forward and shaping the future of this country.