LANSING, Mich. (Michigan News Source) – A federal appeals court recently upheld West Virginia’s ban on mifepristone, the widely used abortion pill, signaling a growing willingness among states to challenge the drug’s presence in the post-Roe and post-Dobbs legal landscape.
GenBioPro, the primary manufacturer of mifepristone in the U.S., argued that federal authority over the regulation and distribution of the medication should override state restrictions, but both the lower court and the appeals court rejected that claim.
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This decision marks the first time a federal appeals court has upheld a state’s authority to restrict access to the drug, according to Reuters. Yet in Michigan, no such move is underway. Despite the court’s decision giving legal breathing room to states wanting to restrict the drug (and about 28 states have some form of restriction on abortion drugs) Michigan lawmakers and officials have shown no interest in pursuing a similar path. Abortion remains legal under state law, and mifepristone remains protected under the state’s Reproductive Health Act passed in 2023.
Abortion by pill now the norm – and growing.
The majority of abortions today are medication-based, and that number continues to rise. In 2023, 63% of all abortions were carried out using abortion pills, according to a report from the Guttmacher Institute, an organization that supports abortion access and monitors related trends. Chemical abortions typically involves a two-pill process: mifepristone is taken first, followed by misoprostol 24 to 48 hours later.
Because the federal appeals court opinion in West Virginia by the Fourth Circuit only pertains to mifepristone and doesn’t extend to all abortion drugs, abortion advocates are already looking at misoprostol-only abortions to get around the ruling and a possible ban on mifepristone by the Trump administration.
Medicaid challenge fails — status quo remains.
In a separate development, a Michigan judge rejected a legal challenge to the state’s longstanding ban on using Medicaid (taxpayer) funds for abortion. The plaintiff, YWCA Kalamazoo, represented by the ACLU of Michigan, argued the rule disproportionately affects low-income women. But the judge dismissed the case on procedural grounds, saying the group lacked standing to sue.
Notably, YWCA Kalamazoo pays for abortions through their Reproductive Health Fund; however, Judge Brock Swartzle of the Michigan Court of Claims said in his opinion that the group is not an individual and, as a nonprofit organization, does not have “reproductive freedom” and doesn’t provide abortion care – so they are not directly affected by the law that denies funding for abortions.
So for now, Michigan’s Medicaid program will continue only covering abortions in cases of rape, incest, or to save the life of the mother.
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Right to Life of Michigan said in a statement about the ruling “Medicaid already pays for abortions to save the life of the mother and for victims of rape, and it will continue to do so. Yet, the abortion lobby is relentless in self-serving efforts to force Michigan taxpayers to pay for elective abortions in the hopes of creating a cash windfall.”
New state-level protections for clinics advance.
In another development, Democrats in the Michigan legislature continue to take steps to further codify protections for abortion access. On June 25, they passed legislation to protect both patients and providers from what they see as harassment and violence.
Sponsored by Sen. Mallory McMorrow (D-Royal Oak), Senate Bills 154-155 aim to establish a state- level version of the federal Freedom of Access to Clinic Entrances (FACE) Act. The bills make it a criminal offense to block, threaten, or physically interfere with anyone attempting to access or provide reproductive health services in Michigan – including at abortion clinics and IVF facilities. If such interference leads to injury or death, the proposed penalties would be significantly enhanced.
Sen. McMorrow said the legislation is necessary given recent efforts to roll back protections at the federal level, including President Trump’s pardon of 23 anti-abortion activists earlier this year – four of whom were from Michigan and had been convicted for blocking access to a Sterling Heights clinic in 2020.
McMorrow frames the legislation as a move to ensure safe, lawful access to medical care in Michigan at a time when federal protections are under threat. A companion bill, House Bill 4133, was introduced by Rep. Laurie Pohutsky (D-Livonia), and the Senate bills now await consideration in the House.
In testimony by Genevieve Marnon, Legislative Director for Right to Life of Michigan, she says that the bills are a “solution in search of a problem” and are essentially identical to the FACE Act. She adds that the proposed legislation includes the “kind of laws that are designed to limit the reach of sidewalk counselors” who “provide peaceful, loving and compassionate outreach to women facing an untimely pregnancy presenting her with options she might not be aware of.”
The bottom line.
With Democratic Governor Gretchen Whitmer and a Democrat-controlled Legislature prioritizing abortion rights, any attempt to ban mifepristone or roll back access is unlikely to gain traction. For now, Michigan stands firm in its post-Roe position: abortion is not just legal, it’s politically fortified and will continue to be under Democratic rule in the state.
