Some Republicans are coming down hard on the Supreme Court for taking up a case on Wednesday that would challenge the FDA’s approval of the abortion pill, fearing that a ban could create another vulnerability in GOP-held swing districts.
At stake is access to a drug called mifepristone, which, along with misoprostol, comprises one-half of a two-pill prescription jointly referred to as “the abortion pill.” Together, they account for more than half of all the abortions in the United States, according to a 2022 report by the Guttmacher Institute.
“I suspect they’ll rule in favor of prohibitions which is a mistake,” one vulnerable, unnamed House Republican told Axios. “The Court is tone deaf.”
New York Representative Mike Lawler, a Republican representing a district that President Joe Biden won in 2020, told the outlet that he didn’t support a national abortion ban, and that the court should stay out of issues better handled by states and the FDA.
“The Supreme Court needs to stand down,” Lawler said. “If it’s legal in a certain state, they shouldn’t be saying you can’t utilize that type of medicine.”
Other Republicans specified that they were concerned about the political blowback such a decision could have on upcoming elections.
“Quite frankly I would be concerned that the courts overly impose their will,” New York Representative Marc Molinaro told Axios.
The Supreme Court’s decision to overturn abortion access at a national level proved disastrous for Republicans last November, resulting in major losses in districts where abortion was a key issue. Post-election, those raw numbers turned into some stunning platform reversals for the conservative party, with GOP consultants referring to the turning tide on the issue as a “major wake-up call.”
By and large, most Americans support abortion access. In a 2023 Gallup poll, just 13 percent of surveyed Americans said that abortion should be illegal in all circumstances. Meanwhile, 34 percent said it should be legal under any circumstances, and an additional 13 percent said it should be legal in most circumstances.
A decision in the abortion pill case is expected by summer.