Abortion fight isn’t going anywhere anytime soon

The pill presents a legal quagmire like no other. [Bloomberg]( Last summer, the US Supreme Court overturned Roe v. Wade, the landmark decision that held abortion was a constitutionally protected right. Anti-abortion activists have been working overtime ever since to make abortion illegal nationwide, making medication abortion — the most popular method in the US for terminating a pregnancy — a primary target. They gained ground with [help from the courts]( … sort of. As Bloomberg’s editorial board explains: “Federal judges in Texas and Washington issued two conflicting rulings on the abortion pill known as mifepristone. The first suspends the Food and Drug Administration’s approval of the drug nationwide; the second blocks the agency from restricting access to the very same drug.” On Friday, the Joe Biden administration took the case to the [US Supreme Court](, and Justice Samuel Alito put a [five-day hold on the new restrictions](. It’s a [legal quagmire]( that has pro-choice advocates, abortion opponents and even [Wall Street]( unsure of how to proceed. Bloomberg Opinion’s health and legal experts take a look at what the latest news means for the future reproductive health in the US. - [On Abortion, Biden Should Prepare for the Worst:]( “Legal jeopardy and periodic crises will persist until both sides of this debate accept that abortion policy must be settled through legislatures, not the courts. That means persuading voters, making concessions and accepting compromises that coincide with what the broad middle of American voters believes — and gives both parties much, though not all, of what they want.” — Bloomberg’s editorial board - [Abortion Pill Ruling Means More Painful, Later Terminations:]( “As long as the 5th Circuit’s order is in place, women seeking abortions will suffer needlessly. The additional hurdles will prevent some from ending their pregnancies. Others will endure needless pain by taking the other abortion drug, misoprostol, alone — which causes more side effects including nausea and cramping when not used in conjunction with mifepristone.” — Sarah Green Carmichael - [Democrats Can’t Simply Defy the Ruling on the Abortion Pill:]( “The more the anti-abortion movement overreaches, the more intensity the issue will generate on the other side. Which may be exactly what Republicans are afraid of.” — Julianna Goldman - [Abortion Pill Ruling Threatens Pharmaceutical Innovation:]( “A single judge without medical training decided his read on select data on a drug was more sound than the FDA’s vast expertise. That should make the drug industry — not to mention their patients — very nervous.” — Lisa Jarvis - [Kavanaugh Will Ultimately Decide Abortion Pill’s Fate:]( “As a DC Circuit veteran, Brett Kavanaugh knows perfectly well that the 5th Circuit decision flouts the norms of judicial review of agency action. He won’t like that, because it has consequences for the broader assault on the administrative state being pursued by conservative activists and welcomed (or invited) by Justices Neil Gorsuch and Clarence Thomas.” — Noah Feldman Notes: To contact the author of this newsletter, email bsample1@bloomberg.net. This is the Theme of the Week edition of Bloomberg Opinion Today, a digest of our top commentary published every Sunday. Follow us on [Instagram](, [TikTok](, [Twitter]( and [Facebook](. Follow Us Like getting this newsletter? [Subscribe to Bloomberg.com]( for unlimited access to trusted, data-driven journalism and subscriber-only insights. Before it’s here, it’s on the Bloomberg Terminal. Find out more about how the Terminal delivers information and analysis that financial professionals can’t find anywhere else. [Learn more](. Want to sponsor this newsletter? [Get in touch here](. You received this message because you are subscribed to Bloomberg's Bloomberg Opinion Today newsletter. If a friend forwarded you this message, [sign up here]( to get it in your inbox. [Unsubscribe]( [Bloomberg.com]( [Contact Us]( Bloomberg L.P. 731 Lexington Avenue, New York, NY 10022 [Ads Powered By Liveintent]( [Ad Choices](