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    Republicans wanted fewer abortions and more births. They are getting the opposite | Judith Levine

    Dobbs v Jackson Women’s Health Organization, the US supreme court case that rescinded the constitutional right to abortion, is failing on its own terms. Since the ruling, in June 2022, the number of abortions in the US has risen. Support for reproductive rights is on the upswing. And the rate of voluntary sterilization among young women – a repudiation of Trumpian pronatalism, if a desperate one – jumped abruptly after Dobbs, and there’s no reason to believe it will drop off.Also rising at an alarming clip are preventable maternal deaths and criminal prosecutions of pregnant people.Yet the 21 state legislatures that have imposed total or near-total bans are doing little or nothing to give doctors legal leeway to save the health and lives of pregnant women in medical distress, even if that means inducing abortion. In fact, rather than trying to save lives, they are prosecuting pregnant people who handle those emergencies on their own.The first three – more abortions, more pro-abortion sentiment, more contraception –have frustrated the anti-abortion crowd no end. They know they need stronger disincentives to abortion.Which brings us to the latter two: more punishment and more death. Was punishment the aim all along? And has the anti-abortion movement accepted pregnant people’s deaths as an unfortunate consequence of saving the pre-born?According to the Guttmacher Institute, abortions rose 1.5% in 2024 from 2023, on top of a 11.1% leap in the first year after Dobbs, compared with 2020, before the near-bans enacted in several states that presaged the ruling.It’s also probably an undercount. The statistics include only “clinician-provided abortions”, either surgical or medical (using abortion pills), performed in healthcare facilities or via telemedicine. Guttmacher does not estimate how many abortions are happening outside the formal healthcare system, with drugs obtained directly from suppliers or through feminist underground networks.Indeed, Plan C, the country’s biggest clearinghouse for pill access, reports 2m visits to its website and 500,000 click-throughs to resources and care in 2024, a 25% increase from the year before. How many of those people ended their pregnancies at home, with only a friend or lover in attendance? Anecdotal evidence gleaned from activists suggests they number in the tens of thousands.At the same time, rather than making abortion “unthinkable”, as the anti-abortion activists pledge, the bans may be having the opposite effect. An analysis of two restrictive states, Arizona and Wisconsin, and one with broad access, New Jersey, found that negative attitudes toward abortion are down and positive ones up, in both red and blue states.And if the goal of banning abortion is to produce more children, that’s not working either. Public health researchers saw “an abrupt increase in permanent contraception procedures” – sterilization – following Dobbs among adults in their prime reproductive years, ages 18 to 30. Unsurprisingly, the increase in procedures for women (tubal ligations) was twice that for men (vasectomies).The Trump administration is cheerleading for procreation. “I want more babies in the United States of America,” declared JD Vance in his first public appearance as vice-president, at the March for Life in Washington. He blamed the declining birth rate on “a culture of abortion on demand” and the failure “to help young parents achieve the ingredients they need to lead a happy and meaningful life”. The federal budget extends some of that help. It raises the annual child tax credit (CTC) from $2,000 to $2,200. It also creates “Trump accounts”, $1,000 per child, which parents or employers can add to.But only those with social security numbers are eligible for either program; the tax credit is available only to people who earn enough to pay taxes; and as with any investment, those able to sow more in the savings accounts reap more. It’s clear what sort of baby the administration wishes to be born: white babies with “American” parents, and not the poorest.The carrots are not appetizing enough. The stick is not effective enough. So red-state legislators and prosecutors are ramping up the punitive approach.This year, Republican lawmakers in at least 10 states introduced bills defining abortion as homicide, and, for the first time, criminalizing both the provider and the patient.No such bill has passed – yet – and anti-abortion organizations are usually quick to renounce them publicly, nervous about widespread opposition. But their passage might not be far off. The bills are based on fetal personhood – the concept of conferring full legal rights to a fetus from conception forward. The idea was introduced in 1884 and finally written into one state’s law in 1986. By 2024, 39 states had fetal homicide laws. Last year, there were three bills criminalizing the person who has an abortion; now there are 10. And though the federal courts rejected fetal personhood for a century, it is the bedrock of anti-abortion politics, and this US supreme court is looking much more friendly toward it.While they work toward straightforward criminalization of ending one’s own pregnancy, anti-abortion lawmakers and prosecutors are making creative use of existing law to punish miscarriage, an event indistinguishable from elective abortion, just in case the pregnant person induced the miscarriage. The most ghoulish is the prohibition on abusing corpses.For instance: last week a 31-year-old South Carolina woman who miscarried and disposed of the tissue in the trash was arrested for “desecration of human remains”, a crime carrying a 10-year sentence. In March, a woman found bleeding outside her Georgia apartment after a miscarriage was jailed for “concealing the death of another person” and “abandonment of a dead body” for placing the remains in the bin. A week before that, a Pennsylvania teenager was under investigation for corpse abuse after a self-managed pill abortion and burial of the fetus in her yard.In a grim sense, these are the lucky ones: they survived. Because Dobbs has indisputably been deadly.“Mothers living in states that banned abortion were nearly twice as likely to die during pregnancy, childbirth, or soon after giving birth” as mothers living in states where abortion was legal and accessible, reports the Gender Equity Policy Institute. Maternal mortality rose 56% in Texas after it enacted a six-week ban; a Texan’s risk was one and a half times that of a Californian’s.The future isn’t sunny. A study of 14 total-ban states predicts that in the four years beginning a year after Dobbs, up to 42 mothers will die and as many as 2,700 will be afflicted with “severe maternal morbidity”, defined by the CDC as “unexpected outcomes of labor and delivery that result in significant short-term or long-term [health] consequences”. In one analysis Black women represented 63% of the deaths.The anti-abortion movement is indefatigable. “We abolishioners will not rest until we have effected the abolishment of human abortion,” one leader told Oklahoma Voice. But this is an unattainable grail. Where abortion is illegal, people still have abortions. They just take more risks. Globally, more than 39,000 women die yearly from unsafe abortions.As they run out of options, red-state lawmakers will harden criminal penalties against people who refuse to give up their reproductive self-determination. It may grow less outré to endorse Trump’s opinion, expressed in an unguarded moment, that women who get illegal abortions “deserve some form of punishment”. Whether intentional or not, the sentence for some of those women will be death.

    Judith Levine is Brooklyn-based journalist, essayist and author of five books. Her Substack is Today in Fascism More

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    Pregnant doctor denied Covid-19 vaccine sues Trump administration

    A pregnant physician who was denied a Covid-19 vaccine is suing the Trump administration alongside a group of leading doctors associations, charging that the administration sought to “desensitize the public to anti-vaccine and anti-science rhetoric”, according to their attorney.The lawsuit specifically takes aim at health secretary Robert F Kennedy’s unilateral decision to recommend against Covid-19 vaccines for pregnant women and healthy children.Kennedy’s announcement circumvented expert scientific review panels and flouted studies showing pregnant women are at heightened risk from the virus, and made it more difficult for some to get the vaccine.“This administration is an existential threat to vaccination in America, and those in charge are only just getting started,” said Richard H Hughes IV, partner at Epstein Becker Green and lead counsel for the plaintiffs in a statement.The American Academy of Pediatrics, American College of Physicians and American Public Health Association are among a list of leading physicians associations named as plaintiffs in the lawsuit.“If left unchecked, secretary Kennedy will accomplish his goal of ridding the United States of vaccines, which would unleash a wave of preventable harm on our nation’s children,” said Hughes. “The professional associations for pediatricians, internal medicine physicians, infectious disease physicians, high-risk pregnancy physicians, and public health professionals will not stand idly by as our system of prevention is dismantled. This ends now.”In late May, Kennedy announced that the Centers for Disease Control and Prevention (CDC) would no longer recommend Covid-19 vaccines for healthy children or pregnant women. The announcement, made on social media, contradicted a raft of evidence showing pregnant women and infants are at especially high-risk from the disease, including from the administration’s own scientific leaders.In June, Kennedy went further by firing all 17 sitting members of a key vaccine advisory panel to the CDC. The advisory panel is a key link in the vaccine distribution pipeline, helping to develop recommendations insurers use when determining which vaccines to cover.That panel met for the first time in late June. Members announced they would review both the childhood vaccine schedule and any vaccines that had not been formally reviewed in seven years. They also recommended against a long-vilified vaccine preservative, in spite of a lack of evidence of harm.The news comes amid the largest annual measles case count in 33 years, and amid reports of more parents seeking early vaccination for their children, fearing vaccines will go into shortage or no longer be covered by insurance. More

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    Planned Parenthood sues Trump administration over funding cuts in big bill

    Planned Parenthood sued the Trump administration on Monday over a provision in Donald Trump’s sweeping domestic policy bill that would strip funding from health centers operated by the reproductive healthcare and abortion provider.In a complaint filed in Boston federal court, Planned Parenthood said the provision was unconstitutional, and its clear purpose is to prevent its nearly 600 health centers from receiving Medicaid reimbursements.Planned Parenthood said that would have “catastrophic consequences”, given that the health centers serve more than 1 million patients annually through Medicaid, the US government’s insurance program for low-income people. More than 80 million people use Medicaid.“The true design of the Defund Provision is simply to express disapproval of, attack, and punish Planned Parenthood, which plays a particularly prominent role in the public debate over abortion,” Planned Parenthood said in its lawsuit.The lawsuit continued: “Stripping away this patient volume and reimbursements for care provided will result in the elimination of services, laying off staff and health center closures. The public health consequences for Medicaid patients and non-Medicaid patients alike will be dire and compounding.”The organization has estimated that the defunding could force roughly 200 Planned Parenthood clinics to shutter. Blue states, which are home to more people on Medicaid, would probably see a disproportionate number of closures.Since it is illegal to use Medicaid to pay for most abortions, Planned Parenthood clinics rely on the insurance program to reimburse them for providing services like birth control, STI tests and cancer screenings. But if blue-state clinics are forced to close, people will no longer be able to seek abortions at those clinics – a possibility that has led some abortion rights supporters, including Planned Parenthood, to call the Trump bill’s provision a “backdoor abortion ban”. Planned Parenthood provides an estimated 38% of US abortions.“We’re facing a reality of the impact on shutting down almost half of abortion-providing health centers,” Alexis McGill Johnson, Planned Parenthood Federation of Americas’s CEO, told the Guardian last week. “It does feel existential. Not just for Planned Parenthood, but for communities that are relying on access to this care.”Planned Parenthood’s lawsuit asks the courts to declare the Trump bill’s provision unconstitutional on numerous grounds, or to at least preserve Medicaid funding for Planned Parenthood clinics that do not provide abortions. The reproductive health giant suggests in the lawsuit that Congress did not understand its structure when it passed the provision. The Planned Parenthood technically consists of a mothership group, Planned Parenthood Federation of America, and nearly 50 regional affiliate groups that operate as independent entities.Medicaid is overseen by the Centers for Medicare & Medicaid Services, part of the US Department of Health and Human Services. That agency did not immediately respond to requests for comment.Planned Parenthood is being buffeted by intense financial headwinds. This spring, the Trump administration froze tens of millions of dollars earmarked for family planning providers who participate in Title X, the nation’s largest family planning program. Although several of those providers have since had their funding restored, a Planned Parenthood spokesperson said last week their affiliates had not received funding.The US supreme court also ruled in late June in favor of South Carolina in a case involving the state’s attempt to kick Planned Parenthood out of its state Medicaid reimbursement program. Red states may see that ruling as a blessing to their own efforts to defund Planned Parenthood.Even if Planned Parenthood’s Monday lawsuit succeeds, the organization will probably have to grapple with the consequences of that supreme court ruling for years to come. More

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    Planned Parenthood CEO warns Trump bill will lead to $700m loss and ‘backdoor abortion ban’

    Planned Parenthood stands to lose roughly $700m in federal funding if the US House passes Republicans’ massive spending-and-tax bill, the organization’s CEO said on Wednesday, amounting to what abortion rights supporters and opponents alike have called a “backdoor abortion ban”.“We are facing down the reality that nearly 200 health centers are at risk of closure. We’re facing a reality of the impact on shutting down almost half of abortion-providing health centers,” Alexis McGill Johnson, Planned Parenthood Federation of Americas’s CEO, said in an interview Wednesday morning. “It does feel existential. Not just for Planned Parenthood, but for communities that are relying on access to this care.”Anti-abortion activists have longed to “defund” Planned Parenthood for decades. They are closer than ever to achieving their goal.That $700m figure represents the loss that Planned Parenthood would face from a provision in the spending bill that would impose a one-year Medicaid ban on healthcare non-profits that offer abortions and that received more than $800,000 in federal funding in 2023, as well as the funding that Planned Parenthood could lose from Title X, the nation’s largest family-planning program. In late March, the Trump administration froze tens of millions of dollars of Title X funding that had been set aside for some Planned Parenthood and other family-planning clinics.“Essentially what you are seeing is a gutting of a safety net,” said McGill Johnson, who characterized the bill as a “backdoor abortion ban” in a statement.Medicaid is the US government’s insurance program for low-income people, and about 80 million people use it. If the latest version of the spending-and-tax bill passes, nearly 12 million people are expected to lose their Medicaid coverage.Donald Trump has said that he would like the bill to be on his desk, ready for a signature, by 4 July.The provision attacking Planned Parenthood would primarily target clinics in blue states that have protected abortion rights since the overturning of Roe v Wade three years ago, because those blue states have larger numbers of people on Medicaid. Although not all Planned Parenthood clinics perform abortions, the reproductive healthcare giant provides 38% of US abortions, according to the latest data from Abortion Care Network, a membership group for independent abortion clinics.Among the clinics at risk of closure, Planned Parenthood estimated, more than 90% are in states that permit abortion. Sixty percent are located in areas that have been deemed “medically underserved”.In total, more than 1.1 million Planned Parenthood patients could lose access to care.“There’s nowhere else for folks” to go, McGill Johnson said. “The community health centers have said they cannot absorb the patients that Planned Parenthood sees. So I think that we do need to just call it a targeted attack because that’s exactly how it is.”Nationally, 11% of female Medicaid beneficiaries between the ages of 15 and 49 and who receive family-planning services go to Planned Parenthood for a range of services, according to an analysis by the non-profit KFF, which tracks healthcare policy. Those numbers rise in blue states like Washington, Oregon and Connecticut.In California, that number soars to 29%. The impact on the state would be so devastating that Nichole Ramirez, senior vice-president of communication and donor relations at Planned Parenthood of Orange and San Bernardino counties, called the tax-and-spending package’s provision “a direct attack on us, really”.“They haven’t been able to figure out how to ban abortion nationwide and they haven’t been able to figure out how to ban abortion in California specifically,” said Ramirez, who estimated that Planned Parenthood of Orange and San Bernardino counties stands to lose between $40m and $60m. Ramirez continued: “This is their way to go about banning abortion. That is the entire goal here.”skip past newsletter promotionafter newsletter promotionIn a post on X, the prominent anti-abortion group Live Action reposted an image of a Planned Parenthood graphic calling the provision “backdoor abortion ban”. “They might be onto us,” Live Action wrote.The Planned Parenthood network is overseen by Planned Parenthood Federation of America, but it also consists of dozens of independent regional affiliates that operate nearly 600 clinics across the country. In June, as the spending-and-tax bill moved through Congress, Autonomy News, an outlet that focuses on threats to bodily autonomy, reported that Planned Parenthood Federation of America’s accreditation board had sent waivers out to affiliates to apply for approval to cease providing abortions in order to preserve access to Medicaid funding. On Wednesday, the New York Times reported that a memo sent to the leadership of one California affiliate suggests that leaders there had considered ending abortion services.McGill Johnson said that there have been discussions within Planned Parenthood’s network about what it would mean to stop offering abortions. But no affiliates, to her knowledge, are moving forward with plans to stop performing the procedure.“Educating our volunteers and teams around hard decisions to stand and understand the impact of that is different than weighing and considering a stoppage of abortion,” McGill Johnson said.The budget bill and Title X funding freeze aren’t the only sources of pressure on the group. The US supreme court last week ruled in favor of South Carolina in a case involving the state’s attempt to kick Planned Parenthood out of its state Medicaid reimbursement program – a ruling that will likely give a green light to other states that also want to defund Planned Parenthood.At least one other organization that provides abortion and family-planning services, Maine Family Planning, will be affected by the provision, according to the organization’s CEO, George Hill. Maine Family Planning directly operates 18 clinics, including several that provide primary care or are in rural, medically underserved areas. If the provision takes effect, Hill estimates, the organization would lose 20% of its operating budget.“It’s dressed up as a budget provision, but it’s not,” Hill said. “They’re basically taking the rug out from under our feet.” More

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    Trump rescinds Emtala guidance protecting women in need of emergency abortions

    The Trump administration on Tuesday rescinded Biden-era guidance clarifying that hospitals in states with abortion bans cannot turn away pregnant patients who are in the midst of medical emergencies – a move that comes amid multiple red-state court battles over the guidance.The guidance deals with the federal Emergency Medical Treatment and Labor Act (Emtala), which requires hospitals to stabilize patients facing medical emergencies. States such as Idaho and Texas have argued that the Biden administration’s guidance, which it issued in the wake of the 2022 overturning of Roe v Wade, interpreted Emtala incorrectly.In its letter rescinding the guidance, the Trump administration said that the Centers for Medicare and Medicaid Services (CMS) “will continue to enforce Emtala, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy. CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”Abortion rights supporters said on Tuesday that rescinding the Biden administration’s guidance will muddy hospitals’ ability to interpret Emtala and endanger pregnant patients’ lives. Since Roe’s collapse, dozens of women have come forward to say that they were denied medical treatment due to abortion bans. A reported five pregnant women have died after having their care denied or delayed, or being unable to access legal abortions.“This action sends a clear message: the lives and health of pregnant people are not worth protecting,” Dr Jamila Perritt, an OB-GYN and the president of Physicians for Reproductive Health, said in a statement. “Complying with this law can mean the difference between life and death for pregnant people, forcing providers like me to choose between caring for someone in their time of need and turning my back on them to comply with cruel and dangerous laws.”Last year, the US supreme court heard arguments in a case involving Idaho’s abortion ban, which at the time only allowed abortions in cases where a woman’s life was at risk. In contrast, most state abortion bans permit abortions when a patient’s “health” is in danger – a lower standard that could make it easier for doctors to intervene. Idaho’s standard, the Biden administration said, blocked doctors from providing abortions in some emergencies and thus violated Emtala’s requirement that hospitals must stabilize patients.Ultimately, the supreme court punted on the issue by ruling 6-3 on procedural grounds that the case had been “improvidently granted”, indicating they should have never taken it up in the first place.“This court had a chance to bring clarity and certainty to this tragic situation and we have squandered it,” wrote Ketanji Brown Jackson, the supreme court justice, at the time. “And for as long as we refuse to declare what the law requires, pregnant patients in Idaho, Texas and elsewhere will be paying the price.”skip past newsletter promotionafter newsletter promotionThe Trump administration’s Tuesday move is not unexpected. In March, the administration moved to drop out of the case over the Idaho abortion ban. A local Idaho hospital later filed its own lawsuit over the ban. More

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    Trump is using his assault on government to retaliate against women | Judith Levine

    Last week, a federal judge blocked the justice department from canceling $3.2m in federal grants to the American Bar Association (ABA). The court agreed with the ABA’s claim that the administration was retaliating against it for taking public stances against Donald Trump.But how had the US president retaliated? Which grants had he clawed back? Those supporting programs that train lawyers to defend victims of domestic and sexual violence.It was just one of Trump’s many acts of aggression against perceived enemies that just happen to – or quite deliberately – target women.During the 2016 presidential campaign, after the release of the “grab ’em by the pussy” tape, Vox’s Libby Nelson noted that there was something fundamentally different about Trump’s sexism from the sexism of his predecessors. “Usually, the critique of Republican candidates has been based on policy – healthcare access and abortion rights – or on attitudes heavily influenced by religion,” she wrote. But “Trump’s anti-feminism owes more to the gleeful vulgarity and implicit threats of violence of 4chan than the traditional debate over what a woman’s role should be in the public square.”Trump II is both a personal and a political misogynist – a chimera with the soul of a snake and the brains of a policy wonk, transplanted from the authors of the Heritage Foundation’s Project 2025.The widest target of Trump’s aggression is the universe of people capable of having babies. Four days after the inauguration, his administration directed the justice department’s civil rights division to cease enforcing the Freedom of Access to Clinic Entrances (Face) Act, which prohibits harassment or blockage of patients entering abortion clinics. His administration dismissed three ongoing cases, pardoned 23 convicted violators of the law, and limited future prosecutions to “cases presenting significant aggravating factors, such as death, serious bodily harm, or serious property damage”.In March, he began withholding tens of millions of dollars from Title X, the only federal program supporting reproductive healthcare. The move was not explicitly anti-abortion – the Hyde Amendment banned federal funding for abortion 50 years ago – but it was surely aimed at pleasing religious fundamentalists who oppose all interference with “natural” baby-making. Lots of providers, including some Planned Parenthood affiliates, immediately collapsed, leaving millions of people with no family planning, cancer screening or prenatal services. Now, having failed repeatedly to defund Planned Parenthood through legislation, Republicans are trying to hide the dirty deed in the budget. And like much of the “waste, fraud, and abuse” targeted by the so-called “department of government efficiency” (Doge), these cuts would cost taxpayers far more than they would save: according to the Congressional Budget Office, the cost will be $300m over the next 10 years in unwanted births and shifts of reproductive services to other providers.Trump isn’t sparing mothers who want to be mothers, either. A week ago, funding to study maternal mortality was rescinded and most of the workers who monitor and improve maternal and child health at the Centers for Disease Control and Prevention were placed on leave. The cuts came just after researchers at the National Institutes of Health published a paper documenting a huge rise in mothers’ deaths in childbirth or within a year afterward, most notably among Native American and Black women; the authors urged the government to make combatting these deaths “an urgent public health priority”.Where women’s bodies are now subject to harm by intentional neglect, they will also be more vulnerable to harm by violence. Before his inauguration, Trump called for the execution of rapists. A few months later, the justice department suspended grant applications from non-profits providing emergency shelter, legal assistance, and crisis services to victims of domestic and sexual violence under the Violence Against Women Act. The agencies were caught promoting “woke” agendas – evident from the word “gender”, as in “gender-based violence”, in their mission statements. The grant program appears to be back up on the justice department website, but no one knows for how long.In late April, the administration zeroed out all funding for training, auditing, data collection and victim support under the Prison Rape Elimination Act (Prea), which Congress passed unanimously in 2003. Prea does not protect migrants in detention, but the Department of Homeland Security was nevertheless subject to oversight, and that included investigating sexual abuse by Ice employees. Not any more. In spite of thousands of complaints of sexual violence against detained women and children, the Trump administration closed the department’s three watchdog agencies, including the offices through which detainees could lodge complaints.As part of its elimination of anything suggestive of diversity, equity and inclusion (DEI), the administration halted the military’s sexual assault prevention training. The defense department reported in 2023 that nearly a quarter of active-duty women were subject to sexual harassment – and they are just the ones who risked coming forward.The policies that smash the legal bulwarks against sexual violence and those that put pregnant people’s lives at risk make for the most compelling subject lines on fundraising emails from advocates for women, people of color and other legally protected classes hardest.But the disproportionate harm these folks are suffering from the decimation of the federal workforce by Doge is possibly most consequential, because it may not be reversible. Women and Black people are more likely to work in government jobs than in the private sector; a recent McKinsey analysis found that women, particularly women of color, are promoted at higher rates in public institutions than in private corporations. But government jobs also provide union representation, job security, pensions and other benefits that lift people of color into the middle class and allow them to accumulate the property and wealth denied them since slavery – benefits that do not accrue to home health aides, chambermaids and workers in the other low-paid, precarious occupations where women and people of color predominate.“For those who have been wronged and betrayed, I am your retribution,” vowed candidate Trump at the Conservative Political Action Conference early in 2023. But it is Trump himself who feels most wronged and betrayed, with women – the pussy-hatted protesters who overran Washington on the second day of his first administration, the sex worker Stormy Daniels, who publicly poked fun at his self-celebrated endowment, the magazine writer E Jean Carroll, awarded tens of millions of dollars in damages for his sexual assault and defamation – perhaps the greatest wrongdoers and traitors. Even Melania is no longer pretending to like him.Like his woman-hating followers, this man, who has used his wealth and his body to impose his will on women, feels sorely victimized by them. Now he has more power than any other man in the world to exact his revenge.

    Judith Levine is a Brooklyn journalist and essayist, a contributing writer to the Intercept and the author of five books. Her Substack, Today in Fascism, is at judithlevine.substack.com More

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    The Trump administration is defending abortion pill access in court. What?

    The Trump administration on Monday asked a federal court to dismiss a lawsuit that takes aim at the abortion pill mifepristone – a move that stunned many observers for what seemed a defense of the drug by a president who has overseen the most dramatic rollback of abortion rights in modern US history.At first blush, it may seem a victory for abortion access – but experts worry that, in reality, the move preserves the administration’s ability to play coy about any future plans to attack abortion rights.When Donald Trump first returned to the White House earlier this year, US anti-abortion activists had high hopes for the man who helped orchestrate the downfall of Roe v Wade. They thought he might use a 19th-century anti-vice law to effectively ban abortion nationwide. Failing that, they imagined that he might use the power of the Food and Drug Administration to roll back access to mifepristone or even yank it from the market entirely.Instead, over the last few months, the Trump administration has attempted to dodge the issue entirely. The Monday request, to a Texas judge who has become a reliable vote for abortion opponents, continued that pattern.The lawsuit seeks to roll back several FDA regulatory changes that have, over the last decade, considerably expanded access to mifepristone, one of two drugs typically used in US medication abortions. It revives a lawsuit that led to a stinging 9-0 defeat for abortion rights opponents when the court ruled the lawsuit’s plaintiffs, a group of anti-abortion doctors, did not have the legal standing to sue in the first place.Rather than let the matter die, the Republican attorneys general of Idaho, Kansas and Missouri moved to take over the case as its new plaintiffs. Judge Matthew Kacsmaryk of the US district court for the northern district of Texas, where the case is being heard, agreed to let the attorneys general move forward.However, in its Monday filing, the Trump administration argued that there is no reason why the case should proceed in Texas.“At bottom, the states cannot keep alive a lawsuit in which the original plaintiffs were held to lack standing, those plaintiffs have now voluntarily dismissed their claims, and the states’ own claims have no connection to this district,” the administration wrote.Abortion rights supporters have long pointed to one reason why the case was filed in Texas: Kacsmaryk. A Trump appointee with a track record of abortion opposition, Kacsmaryk once took the unprecedented step of ruling to reverse the FDA’s 2000 approval of mifepristone, which would lead to its removal from the market.Nicole Huberfeld, a health law professor at Boston University’s School of Public Health, found it “a little funny” that the Trump administration’s filing seemed to call out its own side for judge-shopping.It is possible that Trump, who was never exactly a true believer in the anti-abortion movement, has now soured on it. While the movement helped propel him to the White House in 2016, it became something of an albatross for him in 2024, as outrage over Roe’s collapse led abortion rights to become one of the election’s top issues.Yet Huberfeld found the filing more notable for what it did not say: namely, it shied away from revealing the Trump administration’s plans for mifepristone. She believes the administration may try to change mifepristone access through the FDA, and that the legal reasoning in Monday’s filing could be used against a future lawsuit by blue states against new restrictions.“They’re basically saying that the states don’t get to just challenge FDA policy because they want to,” Huberfeld said. “Which, in my view, is a set-up for anticipating that blue states may try to challenge any changes on mifepristone rules.”FDA Commissioner Martin Makary could, for example, move to reverse regulations that permit people to dispense abortion pills through telehealth – which accounts for about a fifth of all US abortions – or eliminate mifepristone’s approval. Project 2025, the notorious playbook of policy proposals authored by the conservative thinktank the Heritage Foundation, urged the FDA to do exactly that.Last month, Makary told the Semafor World Economy Summit that he had “no plans to take action” on mifepristone. However, he added: “There is an ongoing set of data that is coming into the FDA on mifepristone. So if the data suggests something or tells us that there’s a real signal, we can’t promise we’re not going to act on that data.”Decades of studies, conducted in more than a dozen countries, have found that mifepristone is safe and effective. However, anti-abortion groups have repeatedly pushed studies that claimed to find that mifepristone is dangerous. (Some of those studies have been retracted.)“My guess is that the Trump administration is trying to walk the fine line of not looking like it’s threatening access to mifepristone while also, potentially, through the FDA trying to limit access to mifepristone,” Huberfeld said. “In other words, I don’t think the FDA’s actually going to be hands-off.” More

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    Having as many babies as possible is not the only way to show you love humanity | Zoe Williams

    ‘Perpetuating humanity should be a cross-politics consensus,” read an article in the Atlantic last week, “but the left was mostly absent at a recent pronatalism conference.” It’s such a simple proposition – everyone loves babies and wants the species to perpetuate, right? – but pronatalism has provoked a ferocious battle on the American left. Should they be trying to engage meaningfully at a preposterous far-right conference? Or should the left stop self-flagellating and start organising?But what is pronatalism – and is it really borderline fascist? I don’t want to think about slippery, bad-faith, rightwing claptrap any more than you do, but in an era in which US politics can sneeze and the world catches encephalitis, we do, regrettably, have to think about bad-faith everything, all the time.The motivation of the pronatalists is that birthrates are in decline, in some places (such as South Korea) so precipitously that the nation will soon cease to meaningfully exist. It has been a bugbear of the right, particularly the alt-tech right, for almost a decade. In 2017, Elon Musk wrote on Twitter: “The world’s population is accelerating towards collapse, but few seem to notice or care.” That was before he owned the platform, so few people noticed or cared. It has also been a thematic staple of Viktor Orbán’s rhetoric in Hungary, reinforced in 2019 by a large-family tax-break policy that in February became an income tax exemption for mothers of two or three children.The ideas factories pushing birthrates have always been much more opaque about their politics; often, they frame their ideas to suit whomever they are talking to. When I interviewed Simone and Malcolm Collins, venture capitalists turned pronatal advocates, a couple of years ago, their line was that progressive politics needed higher birthrates. Political persuasion was “40% to 70% heritable”, Malcolm told me. “If you systematically delete everyone who cares about the environment from the gene pool, that means, within a couple of generations, you’re going to see a dramatic drop in the number of people who care about the climate, even as the collapse becomes more intense.”At the last count, the Collinses had four children, plus a number of frozen embryos, which Simone intends to incubate at 18-month intervals. “We’re going to keep going until physically I can no longer have kids – and that will be when they forcibly remove my uterus,” she said. It was a dystopian image with a number of obvious follow-ups, the first of which was: who are “they”? But I didn’t ask any of them, because her perception of force, authority, uteruses, children and the world seemed dark and personal, like a subconscious gaping open.Nor did I pursue whether Malcolm could possibly believe that you could sell to people who care about the environment the idea that only their biological children would be genetically capable of caring about the environment. It could be the child of someone who arrives on a small boat that solves our political malaise. What about the heritability of staunch determination? Did they ever think about that?But, all too often, ethnonationalism is implicit in the pronatalist narrative: a low birthrate can’t be offset by migration, because they are not talking about people in general. They are talking about the right kind of people.In the intervening years, Musk has had a bunch more children, often boasting of the example he is setting. Trump started saying: “You have good genes, you know that, right?” to his followers. Last week, the US health secretary, Robert F Kennedy Jr, floated the idea that “if you are healthy, it’s almost impossible for you to be killed by an infectious disease in modern times”, which medics rebutted because it’s not true. But we should all fear its drumbeat: good stock is different; anyone who succumbs to an infectious disease wasn’t “healthy” to begin with.These connections are often intellectually baggy – Musk’s desire to populate Mars with his own seed doesn’t map neatly on to RFK’s anti-vax agenda, while Orbán’s pronatalism sounds like socially conservative gender oppression, yet pronatalist forums tie themselves in knots trying to sound “woke”. But if this isn’t about ethnonationalism, then why aren’t the pronatalists crying out for countries with low birthrates to receive refugees with open arms? Zoe Williams is a Guardian columnistDo you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here. More