Abortion pills: Where are they legal and illegal?

CNA Staff, Jan 8, 2025 / 06:00 am (CNA).

As states continue to legislate on abortion in the post-Roe v. Wade landscape, a major point of contention as a new presidential administration takes office is the two-drug medication abortion regimen, commonly referred to as the abortion pill.

Abortions done via medication, also called chemical abortions, currently account for about half of the abortions that are done in the United States every year. However, many states restrict the use of abortion pills, specifically the first drug in the two-drug regimen, mifepristone.

Take a look at the map below to see where abortion pills are legal, and where they aren’t:

At the federal level, mifepristone is approved to abort an unborn child up to 10 weeks’ gestation, having been first approved for such use in 2000. 

The drug kills the child by blocking the hormone progesterone, which cuts off the child’s supply of oxygen and nutrients. A second pill, misoprostol, is taken between 24 to 48 hours after mifepristone to induce contractions and expel the child’s body.

Several states, most of which have some pro-life laws in place, have also passed restrictions on abortion pills designed to protect women, including requirements that only physicians may dispense them. These states include Alaska, Arizona, Florida, Georgia, Iowa, Michigan, Nebraska, Nevada, North Carolina, Ohio, Pennsylvania, South Carolina, and Utah.

A large number of states — most of them concentrated in a contiguous cluster in the South and Midwest — ban abortion in most cases but provide exceptions in cases where the life of the mother is at risk or in the cases of rape, incest, or fetal anomaly. In these states, access to abortion pills is likely to be very limited or prohibited entirely. 

States with total bans on abortion pills include Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, and Texas. 

However, just because these states have bans on abortion pills in place does not mean the drugs are not accessible; women in those states can still receive them in the mail. Under then-President Donald Trump during the COVID-19 pandemic in 2020, the FDA was given the ability to distribute the drug via mail. The administration of President Joe Biden eventually solidified the practice as a norm in 2023.

A group of state attorneys general, led by Missouri, are currently suing the Food and Drug Administration (FDA) over its deregulation of the drug, arguing that abortion drugs have been “flooding states like Missouri and Idaho [where abortion is otherwise regulated] and sending women in these states to the emergency room.”

In addition, Texas Attorney General Ken Paxton recently filed a lawsuit against an abortionist in New York alleging that she illegally provided abortion drugs to a woman in Texas, which killed the unborn child and caused serious health complications for the mother.

President-elect Trump has committed to keeping abortion pills accessible during his second term — a major disappointment for pro-life advocates, who have urged Trump to use the FDA’s power to enforce a Comstock Act prohibition on the delivery of “obscene” and “vile” products through the mail, which includes the delivery of anything designed to produce an abortion.

Source: https://www.catholicnewsagency.com/news/261435/abortion-pills-where-are-they-legal-and-illegal