As the midterm elections approach, Republicans encounter political difficulties. These include an unpopular war, rising inflation, and President Trump’s declining approval ratings. Now, a new issue adds to the challenges: abortion.
After the Supreme Court overturned Roe v. Wade four years ago, abortion remains widely accessible. The number of abortions per year has slightly increased, largely due to the availability of abortion pills. The Food and Drug Administration has maintained a decision from the Biden administration allowing access to the abortion pill, mifepristone, through the mail.
A lawsuit brought by Louisiana now threatens this access. The Trump administration has been notably silent, even as the case reached the Supreme Court this month. The lawsuit led a federal appeals court to temporarily prevent abortion providers from prescribing mifepristone via telemedicine and sending it by mail. However, the Supreme Court has paused that ruling twice and recently restored telemedicine and mail access indefinitely while lower court litigation continues.
Throughout these legal proceedings, President Trump, who identifies as “the most pro-life president in history,” has remained silent. The Justice Department, which should defend the FDA in the case, chose not to submit a brief to the Supreme Court. This decision is unusual and reflects the Trump administration’s challenging political position.
“That they’re the folks who are most directly affected by the litigation and they’re not filing anything — that is shocking,” said Samuel Bagenstos, former general counsel for the Department of Health and Human Services during the Biden administration. This situation underscores the complicated political landscape Republicans face ahead of the midterms.
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