Noah Feldman, Columnist

Will Federal Courts Let States Ban the Abortion Pill?

Mifepristone is already replacing Roe v. Wade as the rallying point for both sides in the debate. But conservative judges will face thorny issues if they seek to block the drug.

The battle is just beginning. 

Photographer: Elisa Wells/Plan C/AFP via Getty Images

Even before the Supreme Court reverses Roe v. Wade, as most court watchers expect it to do this June, the legal battle about the aftermath of the decision is getting underway. By far the most consequential aspect of the fight is likely to be about state attempts to regulate medical abortions using the drug mifepristone.

For pro-choice advocates, mifepristone represents the only cost-effective workaround for women who want to end unwanted pregnancies but who live in the 25 or more states that will ban abortion after Roe is overturned. Some people have the means to travel out of state for surgical abortions. And, with enough financial support, some national organizations might be able to help pay the way for those who cannot afford the trip and the surgery.