The decision of the Supreme Court to uphold access to a widely available abortion pill has caused frustration among antiabortion activists. However, it has allowed Republicans to avoid a potentially divisive issue during a closely contested presidential race.
Medication abortion remains popular among the public: Several surveys have shown that a majority of Americans support access to medication abortion, although opinions are divided on whether it should be available without a prescription.
A ruling limiting access to the abortion pill would have provided Democrats with another opportunity to criticize their opponents on an issue that has proven politically damaging for Republican politicians.
Since the Supreme Court decision that overturned Roe v. Wade in 2022, Republican candidates have found it challenging to reconcile their party’s long-standing opposition to abortion rights with the evolving political landscape surrounding the issue.
Donald J. Trump has notably refrained from stating his position on abortion medication, promising in April to release a policy on the issue “over the next week.”
On Thursday, his campaign attempted to shift focus away from the issue and redirect attention to Mr. Biden.
“The Supreme Court has unanimously decided 9-0. The matter is settled,” stated Danielle Alvarez, a senior adviser to the Trump campaign. “This election is about correcting the weaknesses, failures, and dishonesty of the Biden crime family.”
During meetings with congressional Republicans on Capitol Hill following the decision, Mr. Trump emphasized the need for his party to improve their messaging on the issue. He urged Republicans to avoid discussing bans at specific weeks and instead leave the issue to the voters, according to a source present in the room.
However, the next president could have the authority to restrict or even criminalize the abortion pill nationwide through agencies such as the Justice Department and Health and Human Services.
Allies of Mr. Trump and former officials from his administration have proposed measures that would enforce the Comstock Act, a dormant law from 1873, to criminalize the shipping of materials used in abortion, including abortion pills.
During a call with reporters, supporters of President Biden’s campaign warned that Mr. Trump would impose a national ban on medication abortion through executive action, citing policy plans released by his allies that aim to reverse the F.D.A.’s approval of the drug. Aides indicated that Mr. Biden intends to address the issue in the first presidential debate scheduled for later this month, highlighting his support for abortion rights in contrast to Mr. Trump’s stance that the policy should be determined by individual states.
“Trump and his allies are laying the groundwork to ban medication abortion nationwide,” stated Mini Timmaraju, the chief executive of Reproductive Freedom for All, an abortion rights organization. She attributed the overturning of Roe v. Wade in 2022, which established the constitutional right to abortion, to the former president – who appointed three conservative justices to the court.
The ruling is unlikely to halt efforts by the antiabortion movement to restrict abortion medication. States such as Missouri, Kansas, and Idaho, all with Republican attorneys general, are still involved in the lower court case and may seek to revive the litigation with new plaintiffs.
Maggie Haberman contributed reporting.
