On Sept. 17, Texas invited a flood of new lawsuits with a bill, the first of its kind, that in most instances allows a private citizen to sue people who make, distribute or prescribe abortion pills to anyone in Texas. Each suit allows for at least $100,000 in damages and can be brought even if no abortion takes place.
The Trump administration may impose other barriers. President Trump, recognizing the popularity of abortion access, has been cagey on the issue. He has taken credit for appointing the Supreme Court justices who overturned Roe v. Wade while saying he would not sign a federal abortion ban. He also said that individual states should be free to set their own policies. That position leaves plenty of room for red states to crack down on abortion pills, threatening the reproductive freedom and well-being of women who live there.
One worrisome development is that Robert F. Kennedy Jr., the secretary of health and human services, has directed the Food and Drug Administration to review the safety of mifepristone, an abortion pill, based on what he called “new data.” Mr. Kennedy appeared to be referring to an unpublished paper by a conservative think tank, the Ethics and Public Policy Center. Other researchers havedebunked that paper as junk science. Abortion opponents have been making bogus claims about abortion pills for decades. They have exaggerated the risks since the F.D.A. first reviewed mifepristone in the 1990s. Since then, evidence has only mounted that the medication is even safer than drugs like penicillin and Viagra. (The F.D.A. recently approved a generic version of mifepristone.)
Nonetheless, 22 Republican state attorneys cited the debunked paper in pressing the F.D.A. to restrict mifepristone. In response, Mr. Kennedy said that his department would conduct a review. As with vaccines, it is a sign that he will not let good science stand in the way of bad policy.
More immediately, the Trump administration is stripping Medicaid funding from Planned Parenthood. Congress has long banned the use of federal funds for abortions in almost all cases. By now cutting the money Planned Parenthood uses to provide other services, such as birth control and breast cancer screenings, the administration can force the shutdown of clinics that rely on Medicaid because they treat many low-income patients, reducing access to both abortion and other forms of medical care. In rural areas, Planned Parenthood is sometimes the only provider of primary and family-planning care for poor people. Already, its clinics have closed in California and Ohio, and paused providing abortions in Wisconsin.