• President Joe Biden’s administration signaled it will try to stop states from outlawing a drug used for medical abortion
• One of the medications used for medication abortions, mifepristone, was approved by the U.S. Food and Drug Administration (FDA), 
• On a 5-4 vote, the conservative-majority Supreme Court overruled Roe on Friday, declaring that the U.S. Constitution does not provide an abortion right.

In light of the Supreme Court decision overturning the landmark Roe v. Wade decision, President Joe Biden’s administration signaled it will try to stop states from outlawing a drug used for medical abortion, signalling the beginning of a significant new court battle.

One of the medications used for medication abortions, mifepristone, was approved by the U.S. Food and Drug Administration (FDA), and the administration may claim in court that this preempts state regulations, meaning that federal authority supersedes any state action.

In a case contesting Mississippi’s restrictions on pharmaceutical abortion, Las Vegas-based GenBioPro Inc, which sells a generic version of the pill, made the same defence.

more than a dozen states want to outright ban abortion. On a 5-4 vote, the conservative-majority Supreme Court overruled Roe on Friday, declaring that the U.S. Constitution does not provide an abortion right.

Because women may still be able to buy the pills online or in other states, states will likely encounter further challenges in enforcing prohibitions on pharmaceutical abortion.

In remarks made in response to the Supreme Court’s decision, Biden stated that efforts to restrict access to medication abortion would be “wrong, excessive, and out of touch with the majority of Americans.”

The remark from Attorney General Merrick Garland that “States may not restrict mifepristone based on disagreement with the FDA’s expert judgement regarding its safety and efficacy” was more direct about what the Justice Department is considering.

Long after Roe was ruled in 1973 and mifepristone was licenced for use in abortions by the FDA in 2000. The other medication used, misoprostol, causes uterine contractions while the pill, widely known as RU 486, suppresses the hormone progesterone, which supports pregnancy.

The administration’s stance “shows that they recognise the stakes and are prepared to investigate fresh ideas,” according to Greer Donley, a professor at the University of Pittsburgh School of Law and an expert on reproductive rights.

States established limitations on access to the pill even before Roe was overruled. According to the Guttmacher Institute, a research organisation that promotes the right to an abortion, 19 states demand that women visit a physical location to get the medication.

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