This blog originally appeared at NBC NEWS.
The justices will decide whether to impose new restrictions on the abortion pill mifepristone, and whether a federal law requiring emergency room treatment conflicts with a state abortion ban.
WASHINGTON — The Supreme Court is poised to rule this month on two significant abortion cases that could have nationwide repercussions. This marks the first time the justices are revisiting the issue since overturning Roe v. Wade.
The 2022 decision to revoke the right to obtain an abortion caused widespread upheaval, prompting a wave of new state-level abortion restrictions and encouraging anti-abortion activists to seek further limitations.
The most closely watched case involves the court deliberating whether to implement new restrictions on the widely used abortion pill mifepristone, including tighter regulations on mail-order access.
In a less publicized yet potentially impactful case, the justices are examining whether Idaho’s near-total abortion ban conflicts with a federal law mandating emergency medical care for patients, including pregnant women.
Rabia Muqaddam, a lawyer at the Center for Reproductive Rights, which supports abortion rights, referenced the 2022 ruling in Dobbs v. Jackson Women’s Health Organization “set off a chain reaction that we are seeing in all sorts of ways,” including the two cases now before the court.
Theories that were previously considered “the fringe of the fringe” are now “sufficiently mainstream to make it to the Supreme Court,” she added.
The new cases show that the court’s stated aim of getting out of the business of deciding what conservative Justice Brett Kavanaugh called “difficult moral and policy questions” was easier said than done. As such, the upcoming rulings will provide further evidence of how far the court, which has a 6-3 conservative majority, is willing to go in curbing abortion access.
In the mifepristone case, the court is weighing whether to impose new restrictions on the pills’ availability, including access by mail. Such a move would dramatically decrease the ability of women to obtain the pills, especially in states with new abortion restrictions.
The legal question in the Idaho case is whether a federal law that requires stabilizing treatment for patients in emergency rooms trumps the state restrictions in certain circumstances when doctors believe an abortion is required to protect the health of a pregnant woman.
Jim Campbell, chief legal counsel of Alliance Defending Freedom, the conservative Christian legal group that is representing anti-abortion interests in both cases, said the legal issues in each of them reflect overreach by the Biden administration in response to Roe being overturned.
“They’re both instances where the federal government is doing things, whether directly or indirectly, to interfere with state pro-life laws,” he added.
Based on oral arguments earlier this year, it seems likely that anti-abortion groups will lose in the mifepristone case, leaving the status quo unchanged. That means the Idaho case could have a bigger practical impact if the court backs the state, which seems possible based on questions asked by the justices.
Rulings are expected by the end of the month when the court traditionally concludes its nine-month term that begins in October. The court will also be issuing a slew of other rulings on hot-button issues, including former President Donald Trump’s claim of immunity from prosecution in his election interference case.
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