Science
Opinion: Abortion foes lost Round One on mifepristone. Here's how their fight continues
The Supreme Court’s mifepristone decision on June 13 put a stop to one challenge to the drug used in more than half of all abortions in the United States. But antiabortion groups are already preparing their next line of attack.
New groups of plaintiffs might try to establish that they have standing where the doctors in the Food and Drug Administration vs. Alliance for Hippocratic Medicine failed. But if Donald Trump wins the 2024 election, such lawsuits might be far less important to abortion foes: Conservatives already have detailed plans in place to use the executive branch to impose national limits on abortion.
The plaintiffs in FDA vs. Alliance made two sets of claims. First, they challenged the overall authority of the agency to approve and subsequently lift restrictions on mifepristone. The plaintiffs also argued that the FDA didn’t have the power to allow patients to receive the pills in the mail because the federal Comstock Act, a 19th century obscenity law, includes a ban on mailing and receiving abortion-related items.
In holding that the Alliance plaintiffs didn’t have standing to sue, the Supreme Court didn’t say a word about the merits of either of those claims. So it’s no surprise that other plaintiffs might try to bring them again before the justices. The leading contenders are the states of Kansas, Missouri and Idaho, which had sought to intervene in the case, a request turned away by the Supreme Court.
The states’ attorneys general have suggested that they will continue the litigation, with a new argument on standing. A preview of that claim came in the states’ petition to intervene: They argued that because their citizens could get mifepristone from doctors out of state, the states’ own interests were affected. Medicaid recipients who suffered mifepristone complications were imposing costs on state medical systems, they added, and the availability of mifepristone was making it difficult to make and enforce abortion bans.
There may be problems with the states’ case for standing too. Patients might experience complications if they take mifepristone, which might impose costs on the states. That doesn’t sound so different from the weak hypotheticals on which the Alliance plaintiffs relied. And what about Missouri and Idaho’s supposed sovereign interest in enforcing their abortion bans when other states allow it? The answer the court gave the Alliance doctors would seem to apply: “A plaintiff’s desire to make a drug less available for others does not establish standing to sue.”
Kansas’ case for standing is even more puzzling. Abortion is legal in Kansas until 22 weeks, albeit with restrictions. Barely more than a month after Roe was overturned, Kansans expressly voted against amending their state constitution to say there was no right to abortion. How will the state make the case that it is harmed by the approval of mifepristone when its own voters chose to preserve abortion access?
Whatever the fate of the case the Alliance doctors started, abortion foes and conservatives understand that the war against mifepristone and medication abortion can’t just depend on litigation. For example, Louisiana recently passed a law categorizing mifepristone and misoprostol, another drug used in medication abortion, as controlled substances, making it easier for the state to surveil patients, doctors and pharmacies and to punish anyone in possession of the drugs without a prescription. Idaho passed a so-called trafficking law that criminalizes those who help minors travel out of state or obtain abortion pills without parental consent.
But even these kinds of strategies may be far less important if Donald Trump wins a second term. The Heritage Foundation and a coalition of more than 100 conservative groups have laid out a detailed plan — known as Project 2025 — for a second Trump administration. The plan begins with a call for the FDA to “reverse its approval of chemical abortion drugs,” including mifepristone, or at a minimum, to eliminate the telehealth option for the drug.
Thousands of abortions can take place each month in states that ban the procedure because the telehealth option allows patients to get a prescription and get the pills by mail. With a Trump appointee as secretary of Health and Human Services, and one heading the FDA , the government might approach mifepristone differently without the pressure of a lawsuit. Some legal scholars argue that structural features of the federal Food and Drug Act could even allow the HHS secretary alone to override scientists at the FDA.
Then there is the ancient Comstock Act — moribund but still on the books. Gene Hamilton, a prominent figure in the first Trump administration, argues in the Project 2025 plan that the Department of Justice could simply dust off the 151-year-old law and start criminally prosecuting the mailing or receipt of mifepristone. If the Supreme Court buys this interpretation of the Comstock Act, despite its flaws, such an executive action would get around the thorny questions about standing raised in Alliance.
The Supreme Court deflected the Alliance case against mifepristone. We may well see it reappear in some form on the court’s docket next year. But whatever shape Alliance 2.0 takes, in the fight over a national abortion ban, it’s unlikely to be the main event.
Mary Ziegler is a law professor at UC Davis and the author of “Roe: The History of a National Obsession.”
Science
What’s in a Name? For These Snails, Legal Protection
The sun had barely risen over the Pacific Ocean when a small motorboat carrying a team of Indigenous artisans and Mexican biologists dropped anchor in a rocky cove near Bahías de Huatulco.
Mauro Habacuc Avendaño Luis, one of the craftsmen, was the first to wade to shore. With an agility belying his age, he struck out over the boulders exposed by low tide. Crouching on a slippery ledge pounded by surf, he reached inside a crevice between two rocks. There, lodged among the urchins, was a snail with a knobby gray shell the size of a walnut. The sight might not dazzle tourists who travel here to see humpback whales, but for Mr. Avendaño, 85, these drab little mollusks represent a way of life.
Marine snails in the genus Plicopurpura are sacred to the Mixtec people of Pinotepa de Don Luis, a small town in southwestern Oaxaca. Men like Mr. Avendaño have been sustainably “milking” them for radiant purple dye for at least 1,500 years. The color suffuses Mixtec textiles and spiritual beliefs. Called tixinda, it symbolizes fertility and death, as well as mythic ties between lunar cycles, women and the sea.
The future of these traditions — and the fate of the snails — are uncertain. The mollusks are subject to intense poaching pressure despite federal protections intended to protect them. Fishermen break them (and the other mollusks they eat) open and sell the meat to local restaurants. Tourists who comb the beaches pluck snails off the rocks and toss them aside.
A severe earthquake in 2020 thrust formerly submerged parts of their habitat above sea level, fatally tossing other mollusks in the snail’s food web to the air, and making once inaccessible places more available to poachers.
Decades ago, dense clusters of snails the size of doorknobs were easy to find, according to Mr. Avendaño. “Full of snails,” he said, sweeping a calloused, violet-stained hand across the coves. Now, most of the snails he finds are small, just over an inch, and yield only a few milliliters of dye.
Science
Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order
new video loaded: This Parrot Has No Beak, But Is at the Top of the Pecking Order
By Meg Felling and Carl Zimmer
April 20, 2026
Science
Contributor: Focus on the real causes of the shortage in hormone treatments
For months now, menopausal women across the U.S. have been unable to fill prescriptions for the estradiol patch, a long-established and safe hormone treatment. The news media has whipped up a frenzy over this scarcity, warning of a long-lasting nationwide shortage. The problem is real — but the explanations in the media coverage miss the mark. Real solutions depend on an accurate understanding of the causes.
Reporters, pharmaceutical companies and even some doctors have blamed women for causing the shortage, saying they were inspired by a “menopause moment” that has driven unprecedented demand. Such framing does a dangerous disservice to essential health advocacy.
In this narrative, there has been unprecedented demand, and it is explained in part by the Food and Drug Administration’s recent removal of the “black-box warning” from estradiol patches’ packaging. That inaccurate (and, quite frankly, terrifying) label had been required since a 2002 announcement overstated the link between certain menopause hormone treatments and breast cancer. Right-sizing and rewording the warning was long overdue. But the trouble with this narrative is that even after the black-box warning was removed, there has not been unprecedented demand.
Around 40% of menopausal women were prescribed hormone treatments in some form before the 2002 announcement. Use plummeted in its aftermath, dipping to less than 5% in 2020 and just 1.8% in 2024. According to the most recent data, the number has now settled back at the 5% mark. Unprecedented? Hardly. Modest at best.
Nor is estradiol a new or complex drug; the patch formulation has existed for decades, and generic versions are widely manufactured. There is no exotic ingredient, no rare supply chain dependency, no fluke that explains why women are suddenly being told their pharmacy is out of stock month after month.
The story is far more an indictment of the broken insurance industry: market concentration, perverse incentives and the consequences of allowing insurance companies to own the pharmacy benefit managers that effectively control drug access for the majority of users. Three companies — CVS Caremark, Express Scripts and OptumRx — manage 79% of all prescription drug claims in the United States. Those companies are wholly owned subsidiaries of three insurance behemoths: CVS Health, Cigna and UnitedHealth Group, respectively. This means that the same corporation that sells you your insurance plan also decides which drugs get covered, at what price, and whether your pharmacy can stock them. This is called vertical integration. In another era, we might have called it a cartel. The resulting problems are not unique to hormone treatments; they have affected widely used medications including blood thinners, inhalers and antibiotics. When a low-cost generic such as estradiol — a medication with no blockbuster profit margins and no patent protection — runs into friction in this system, the friction is not random. It is structural. Every decision in that chain is filtered through the same corporate profit motive. And when the drug in question is an off-patent estradiol patch that has negligible profit margins because of generic competition but requires logistical investment to keep consistently in stock? The math on “how much does this company care about ensuring access” is not complicated.
Unfortunately, there is little financial incentive to ensure smooth, consistent access. There is, however, significant financial incentive to steer patients toward branded alternatives, or simply to let supply tighten — because the companies aren’t losing much profit if sales of that product dwindle. This is not a conspiracy theory: The Federal Trade Commission noted this dynamic in a report that documented how pharmacy benefit managers’ practices inflate costs, reduce competition and harm patient access, particularly for independent pharmacies and for generic drugs.
Any claim that the estradiol patch shortage is meaningfully caused by more women now demanding hormone treatments is a distraction. It is also misogyny, pure and simple, to imply that the solution to the shortage is for women’s health advocates to dial it down and for women to temper their expectations. The scarcity of estradiol patches is the outcome of a broken system refusing to provide adequate supply.
Meanwhile, there are a few strategies to cope.
- Ask your prescriber about alternatives. Estradiol is available in multiple formulations, including gel, spray, cream, oral tablet, vaginal ring and weekly transdermal patch, which is a different product from the twice-weekly patch and may be more consistently available depending on manufacturer and region.
- Consider an online pharmacy. Many are doing a good job locating and filling these prescriptions from outside the pharmacy benefit manager system.
- Call ahead. Patch shortages are inconsistent across regions and distributors. A call to pharmacies in your area, or a broader geographic radius if you’re able, can locate stock that your regular pharmacy doesn’t have.
- Consider a compounding pharmacy. These sources can sometimes meet needs when commercially manufactured products are inaccessible. The hormones used are the same FDA-regulated bulk ingredients.
Beyond those Band-Aid solutions, more Americans need to fight for systemic change. The FTC report exists because Congress asked for it and committed to legislation that will address at least some of the problems. The FDA took action to change the labeling on estrogen in the face of citizen and medical experts’ pressure; it should do more now to demand transparency from patch manufacturers.
Most importantly, it is on all of us to call out the cracks in the current system. Instead of repeating “there’s a patch shortage” or a “surge in demand,” say that a shockingly small minority of menopausal women still even get hormonal treatments prescribed at all, and three drug companies control the vast majority of claims in this country. Those are the real problems that need real solutions.
Jennifer Weiss-Wolf, the executive director of the Birnbaum Women’s Leadership Center at New York University School of Law, is the author of the forthcoming book “When in Menopause: A User’s Manual & Citizen’s Guide.” Suzanne Gilberg, an obstetrician and gynecologist in Los Angeles, is the author of “Menopause Bootcamp.”
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