Abortion Critics Gear Up to Challenge Newly Approved Ballot Initiatives
The majority of the proposed legislation focuses on mifepristone, the medication utilized in over two-thirds of abortions across the country.
Utilizing their established strategies from the Roe v. Wade era, the conservative groups intend to file lawsuits next year challenging federal regulations on abortion pills and seek legislative measures in Congress and at least 15 states, aiming to circumvent existing constitutional amendments and court decisions that protect abortion access.
The primary focus of these bills is on mifepristone, the medication responsible for over two-thirds of abortions in the United States. Some proposed legislation attempts to leverage environmental laws to restrict access, while others aim to model Louisiana's recent law that categorizes abortion pills as controlled substances. This law has faced backlash in court, as patients and doctors argue it has resulted in treatment delays for miscarriages and postpartum hemorrhaging.
Despite President-elect Donald Trump and other Republicans campaigning on a commitment to delegate abortion policy to states, the group Students for Life is actively lobbying Congress to prohibit telehealth prescriptions for abortion pills and reduce funding to colleges and universities that provide such medications through student health services.
The organization is also striving to reinvigorate conservative individuals who feel disheartened by what they perceive as the GOP's retreat from national abortion restrictions, particularly following the majority of pro-abortion-rights ballot initiatives passed after the fall of Roe in 2022.
“There's the policy question of what we can do to limit the most amount of evil, do the most good, and move the ball down the court,” Kristan Hawkins, the president of Students for Life, stated. “And then there's also the question of how you continue to motivate a whole army of people to stay engaged and not believe the stories written on November 6 that the pro-life movement is dead because certain states passed abortion ballot referendums, and there's nothing you can do. Wrong. There's a whole hell of a lot you could do.”
In response, abortion-rights activists assert their preparedness for this anticipated offensive, maintaining confidence that their legal initiatives to restore or expand abortion access can endure legal challenges.
“We have lawyers too. Believe me, we know what we're doing in the choice movement,” claimed Edna Meza Aguirre, a board member of Planned Parenthood of Arizona, who played a key role in passing an initiative to overturn the state’s 15-week ban. “We have many allies and many people helping us to make sure that this is ensured.”
While anti-abortion groups had plans to capitalize on election results regardless of the outcomes, the significant Republican victories in both state legislatures and Congress have empowered them to pursue a more ambitious agenda.
Students for Life is advocating for its strategy among influential conservative organizations such as the Heritage Foundation and Family Research Council. Their plan echoes the decades-long campaign to limit abortion access during Roe's existence, aiming to replicate laws and lawsuits that culminated in the 2007 Supreme Court decision Gonzales v. Carhart, which prohibited a common second-trimester abortion method and set the groundwork for additional restrictions. This time, the focus is on abortion pills, which have recently become the leading method for terminating pregnancies.
The state legislative push is set to begin in January, targeting swing states like Arizona, which have recently adopted constitutional amendments protecting abortion rights, and more conservative regions such as Wyoming, where court decisions maintain access.
Wyoming State Sen. Tim Salazar expressed his intent to introduce legislation requiring doctors prescribing abortion pills to manage the disposal of fetal tissue — which would obligate patients to collect and return it in medical waste bags rather than flush it.
“There's a growing concern that these chemicals that are being used for abortion are possibly getting into our drinking water,” Salazar stated. “It's the mission of government to protect public safety, and so if chemicals are in our drinking water that are dangerous and harmful, I would assume that most of my colleagues would want to prevent that.”
In Congress, with Republicans potentially controlling both chambers, anti-abortion groups are collaborating with a number of Senators and Representatives to introduce new legislation.
“We must recognize abortion, in all its forms, for what it is: murder,” declared Rep. Josh Brecheen in a statement. “The federal government has a sacred duty to protect the right to life.”
The recent election presented a mixed outcome for abortion opponents, showcasing significant wins for Trump and anti-abortion Senate Republicans alongside defeats in ballot measures, as states like Arizona and Missouri overturned bans and others voted to embed abortion access in state constitutions.
Despite viewing the ballot measure defeats as "devastating," conservatives argue these setbacks are temporary and susceptible to future legal challenges, legislative changes, and new ballot initiatives meant to reverse recent progress.
“Not by a long shot,” said Missouri State Rep. Brad Hudson regarding the state’s adoption of an abortion-rights constitutional amendment, marking it as not the conclusion of efforts to protect the unborn. “There's never one moment where the battle is over.”
State Sen. Mary Elizabeth Coleman, who previously attempted to disqualify Missouri's abortion-rights initiative, stated her intentions to push similar measures in the state’s upper chamber. “This won't be the last time Missourians vote on so-called ‘reproductive rights,’” she vowed.
On the federal level, anti-abortion groups that have supported Trump, despite his past dismissals of calls for federal restrictions, are hoping for reciprocal actions from his administration.
A strategy memo from Susan B. Anthony Pro-Life America shared with PMG outlines expectations for the incoming administration, including unwinding Biden's measures to expand abortion access for veterans and the general population. The memo also emphasizes reinstating policies from Trump's first term, such as the Mexico City Policy, which prohibits foreign aid to organizations promoting abortion, and the Title X rule that led to a significant reduction in family planning clinics.
The top priorities for Students for Life include advocating for the appointment of abortion opponents to crucial roles in various federal agencies, advocating for pardons for activists imprisoned for obstructing abortion services, and cutting funding for Planned Parenthood.
Efforts are also underway in Congress to act on the Supreme Court's inaction earlier this year regarding terminating federal authorization for abortion pills across the country, or at the very least, reestablishing pre-Covid restrictions on their telemedicine prescriptions and mail distribution.
“The push to expand access to chemical abortions by removing essential medical safeguards is putting women in serious danger,” asserted Sen. James Lankford.
On the other hand, the Reproductive Freedom Alliance, a coalition of 23 Democratic governors, has committed to protecting abortion access, stating they will utilize “every tool at their disposal to ensure the availability of services and protect patients and providers.”
Abortion-rights organizations recognize the challenges ahead and anticipate a lengthy struggle to restore the abortion access levels previously established by Roe v. Wade, let alone any future expansions.
“None of this is a one-cycle problem to solve,” said Sarah Standiford, the national campaigns director for Planned Parenthood Action Fund. “For 50 years, anti-choice opponents have worked to erode foundational constitutional rights. The path back is going to be a long term one.”
Alejandro Jose Martinez contributed to this report for TROIB News