Biden tested by abortion pill access fight with uncertain GOP

President Joe Biden is facing pressure to ensure access to the abortion pill which is part of a two-drug regimen that more than half of women in the country use to terminate pregnancies every year. However, the White House has not disclosed a contingency plan if legal routes to access are exhausted, leading to Biden and Democrats intensifying the political struggle before next year’s elections.

Shortly after a federal judge in Texas suspended the Food and Drug Administration’s (FDA) approval of mifepristone, Biden expressed concern that “virtually no prescription” will be “safe from these kinds of political, ideological attacks” if his decision is allowed to stand. He further explained that the lawsuit and the ruling are unprecedented steps that undermine women’s fundamental rights and compromise their health. Biden, who publicly advocates for Roe v. Wade to be codified, emphasized his opposition to the decision and Judge Matthew Kacsmaryk.

The Republicans remain unsure of a response to Kacsmaryk’s decision regarding abortion pill access. The mid-term cycle underperformance in November 2020, in part due to Dobbs v. Jackson Women’s Health Organization, led to Republican uncertainty. Given that abortion bans are no longer a 50/50 issue in polling, Republican candidates in quite tricky races must be careful and express a brand of conservatism that does not alienate moderate voters. Pollster Whit Ayers advised GOP lawmakers to steer clear of extreme anti-abortion rhetoric, acknowledging that more than half of Americans know someone who has had an abortion or has undergone one themselves, and that harsh language could be politically toxic.

According to Claremont McKenna College politics professor John Pitney, Republicans can “hold their own” in defending their stance on abortion limits as long as the debate is not about the legality of abortion. He asserted that Republican lawmakers need to be mindful of the proposals they adopt and how they articulate them because the most extremist voices tend to be the most prominent. The Heritage Action Executive Director Jessica Anderson advised Republican lawmakers and candidates to highlight the extremism of the Democrats regarding “abortion on demand” up to “the final moment before birth” and failure to offer lifesaving care after a botched procedure. Another Republican strategist noted the importance of clearly stating their position while calling out the left for being out of step with the majority of Americans.

Press Secretary Karine Jean-Pierre stated that the White House is trying to avoid taking a position “ahead of the courts” following Judge Kacsmaryk’s decision to impose a nationwide injunction, despite mifepristone having been on the market for two decades with FDA approval. She further explained that the government is in the process of ensuring that women across the country can benefit from the pill while reiterating that the administration would emerge victorious in Court. Although Rep. Alexandria Ocasio-Cortez (D-NY) urged ignoring Kacsmaryk’s decision, White House officials made clear that they would follow the law while fighting for their position.