Since the Supreme Court’s Dobbs ruling, tighter abortion restrictions have been enacted in most Republican-controlled states and protections of abortion access have gone into effect in most that are dominated by Democrats.
In the 11 states where government control is divided between Republicans and Democrats, the story has not been so uniform. Virginia has kept its status quo, for instance, while Vermont has adopted a constitutional amendment to preserve abortion access and Louisiana and Kentucky have bans in place.
Most of the legal battles on abortion since the Dobbs decision in 2022 have centered on whether individual state constitutions protect the right to abortion.
More Top Picks Best Bathroom Exhaust Fans
But at least one lawsuit has implications nationally.
An anti-abortion group sued seeking to rescind the U.S. Food and Drug Administration’s 2000 approval of mifepristone, one of two drugs used in combination in most medication-induced abortions in the U.S.
A federal judge in Texas agreed. The New Orleans-based 5th U.S. Circuit Court of Appeals heard arguments last week. In the meantime, the U.S. Supreme Court has said that mifepristone can remain on the market. It is already barred from being used in abortions, with some exceptions, in states with bans in place.
It’s not clear when the appeals court will rule. The case is expected to return to the nation’s top court eventually. The Texas-based case could be merged with one in Washington, where another federal judge ruled last month that mifepristone restrictions cannot be rolled back in a group of Democrat-led states that filed lawsuits.
!function(){“use strict”;window.addEventListener(“message”,(function(e){if(void 0!==e.data[“datawrapper-height”]){var t=document.querySelectorAll(“iframe”);for(var a in e.data[“datawrapper-height”])for(var r=0;r<t.length;r++){if(t[r].contentWindow===e.source)t[r].style.height=e.data["datawrapper-height"][a]+"px"}}}))}();
Fourteen states currently have bans on abortion at all stages of pregnancy, one when cardiac activity can be detected around six weeks, and three at 12 to 15 weeks. Of those 17 states with the tightest restrictions, 12 do not have exceptions in cases of rape or incest. They all have exceptions to save the life of the woman in at least some circumstances.
At least six states have bans that courts have paused.
One more state, North Carolina, has a ban after 12 weeks of pregnancy that doesn’t take effect until July 1.
The abortion bans also apply to prescribing pills to induce abortions. But only in Nevada and South Carolina is it illegal to self-manage abortions.