In light of the spread of abortion prohibitions to more and more states, many people are wondering if abortion drugs are actually lawful. After the FDA approved the medicine mifepristone for use in early, non-surgical abortions, pharmaceutical abortions are now legal in the US. Since then, pill abortions have steadily grown, accounting for more than half of all terminations today. Since the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, which allowed individual states to determine their own abortion decisions, there has been a wide range in both the availability and legality of the pills.

The Future of Abortion Pills

There are already nine states that have outlawed abortion, with more set to follow in the coming weeks. Abortions will be illegal in around half of the states by the end of the summer, while they will be protected in the other half.

The states with strong abortion bans make it illegal or impose severe restrictions on any kind of abortion, including those induced by surgery or drugs. Legal experts agree that the subject of whether states may enforce stricter regulations on pharmaceuticals that have been authorized by the FDA is a significant one that will likely end up in court.

Up until recently, the FDA only allowed the medications to be sold in hospitals, clinics, and doctor’s offices. As a result of the epidemic, however, the FDA authorized telemedicine sessions with female doctors and the mailing of preventative medication. The need to personally appear before the agency has been eliminated.

Subtle Variations in Cross-State Travel

The Guttmacher Institute, which focuses on reproductive health, says all states would criminalize abortion, including medical abortion. A woman who wants an abortion in a state that has made it illegal to use an FDA-approved drug may face legal problems.

Many women may need to leave their home states to have a telemedicine abortion with a doctor in a state that does not limit pharmaceutical abortions and have the medication transported to a local clinic or drugstore. In his Dobbs concurring opinion, Justice Brett Kavanaugh talked about whether abortion travel between states is legal.

Anti-abortion groups still want to outlaw interstate abortion travel. Some of these attempts are inspired by a Texas law that lets individuals sue anybody who “abets” abortions.

Mail-Order Medications

The Guttmacher Institute reports that 19 states have outlawed the use of telemedicine for medication. Women in abortion-ban states may start going to other nations, such as the European group Aid Access, to obtain the medicine. In July, President Joe Biden issued an order that required HHS Secretary Xavier Becerra to give a report on how to make abortion care easier to get.