WASHINGTON (OSV News) — Sen. Josh Hawley, R-Mo., announced March 11 he has introduced legislation in the Senate that would ban mifepristone, a drug commonly, but not exclusively, used for first trimester abortion.
The Safeguarding Women from Chemical Abortion Act, if enacted, would revoke the Food and Drug Administration’s approval of the drug.
However, the path forward for the legislation was not clear, as President Donald Trump indicated as a candidate for president in 2024 he would veto a national abortion ban if one reached his desk. Abortion restrictions have failed to gain traction in Congress since the Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, which overturned its previous precedent that held abortion as a constitutional right.
“We’ve known for years that mifepristone is risky, but it’s really just in the last few years that we’ve learned this drug is inherently dangerous, and it’s inherently prone to abuse,” Hawley said in remarks at the Capitol March 11.
Proponents of the drug argue it is statistically safe for a woman to take, and attempts to restrict it are an attempt to ban abortion outright. In contrast, opponents argue there are significant risks to those who take it, particularly outside of medical settings, in addition to ending the life of an unborn child.
Hawley argued, “Only Congress can address this situation.”
“Only Congress can withdraw the FDA approval rendered way back in the Clinton administration for this drug that has proved to be inherently dangerous and inherently prone to abuse. Only Congress can act,” he argued.
FDA officials pledged mifepristone would undergo a safety review. However, the status and timeline of the FDA’s review is unclear.
Meanwhile, the Trump administration has asked multiple judges to pause state lawsuits seeking to roll back Biden administration-era eased restrictions on mifepristone, arguing those court cases would interfere with its review. In one such filing in Louisiana, the Justice Department said such reviews often take one year.
The FDA also recently approved a new generic form of the drug.
Mifepristone, the first of two drugs used in a medication-based abortion, was approved by the FDA in 2000, and gained the moniker “the abortion pill.” Medication abortions, sometimes called chemical abortions, account for the majority of abortions in the U.S., according to multiple studies.
Pro-life opponents of mifepristone have pushed the Trump administration to roll back eased restrictions on the drug implemented by the Biden administration. Over a year into Trump’s second term, the Trump administration has thus far left that regulation in place.
The Catholic Church teaches that all human life is sacred from conception to natural death and, as such, opposes direct abortion. Church leaders have called for restricting mifepristone’s use in abortion, while noting that the drug’s more recent usage in medical protocols for miscarriage care, where an unborn child has passed away of natural causes, would be a morally legitimate scenario.
Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.
