Leftist States Expand Abortion Into Pro-Life States Through Dangerous Mail-Order Chemical Abortions

A new battlefield driven by the abortion lobby is now at the forefront of the fight for life in America. We are witnessing a virtually unchecked expansion of chemical abortion drugs being distributed across state lines with minimal oversight and little accountability.

In a recent ACLJ letter outlining our support for the policies included in the Safeguarding Women from Chemical Abortion Act, we make clear that this growing practice threatens not only unborn life and women’s health, but the rule of law itself.

This legislative effort is led by Senator Josh Hawley (MO), who introduced S. 4066, which has the support of Senators Cornyn (TX), Blackburn (TN), Budd (NC), and Tuberville (AL). Representative Diana Harshbarger (TN-1) is leading H.R. 7902, the companion legislation in the U.S. House.

The ACLJ has been on the front lines exposing the dangers of chemical abortion drugs like mifepristone for years by raising concerns about serious medical risks, lack of oversight, and the erosion of safety standards. In an October 2025 letter to the Department of Health and Human Services, we commended efforts to investigate mifepristone while warning that expanding access before a full safety review “may have life-altering health consequences for countless women while also ending the lives of their unborn children.”

These chemical abortions now account for more than 60% of abortions in the United States today. This growth was made possible in large part by a Biden Administration decision to lift the requirement for in-person physician examinations of women in order to prescribe abortion-causing drugs.

The Supreme Court made clear in Dobbs v. Jackson Women’s Health Organization that abortion is not a constitutional right. Instead, the Court held that the policy to determine what the laws will be to protect the fundamental rights of life and liberty belongs to the American people and their elected representatives.

States across the country have exercised their constitutional authority post-Dobbs to enact pro-life protections, including restrictions on abortion-inducing drugs.

Take action with ACLJ. Sign the petition: Stop the Abortion Industry’s War on Babies.

Other states have moved in the opposite direction by expanding abortion access, and going a step further, passing so-called “shield laws” designed to protect doctors and abortion providers who illegally mail these drugs into states where they are prohibited.

This creates a direct challenge to our constitutional order. The Constitution’s Full Faith and Credit Clause and Extradition Clause were designed to ensure that states respect one another’s laws. When one state attempts to nullify the duly enacted laws of another, it moves beyond a public policy debate and erodes federalism itself.

We are already seeing litigation emerge over whether abortion providers can be held accountable for violating state laws through interstate distribution of these drugs. Courts will be forced to wrestle with fundamental questions about sovereignty, enforcement, and the limits of state power.

Congress does not have to sit on the sidelines while this constitutional conflict escalates. It has the authority to regulate interstate commerce. That matters here because the interstate shipment of dangerous abortion drugs is being used to bypass the laws enacted by the people’s representatives in pro-life states.

The Safeguarding Women from Chemical Abortion Act provides a clear, lawful path forward. By prohibiting the distribution of chemical abortion drugs, Congress can reinforce the core holding of Dobbs that abortion policy must reflect the consent of the governed and not be circumvented through regulatory loopholes or interstate defiance.

There is another reality we cannot ignore. Not only are these drugs deadly to the baby, but there are serious medical risks associated with chemical abortion to the women who take them, including hemorrhage, infection, and incomplete abortions requiring emergency care. Yet the push to expand access, particularly through mail-order distribution, has stripped away basic safeguards like in-person medical evaluations and follow-up care.

Troubling cases are also emerging in which women have been unknowingly administered these drugs without their consent. Others have been coerced or pressured, with no physician present to intervene, no screening for abuse, and no meaningful protections in place. When powerful drugs are distributed without proper medical oversight, they do not just end lives, but they also create opportunities for exploitation.

The Safeguarding Women from Chemical Abortion Act is an important response to a rapidly changing landscape that threatens to outpace both the law and common sense. It affirms that Congress may protect unborn human life. It would protect women’s health. And it would protect the rights of states to set legal standards for their own citizens and prosecute those who violate those laws.

The ACLJ will keep fighting for the right to life. Stand with us by making your voice heard by adding your name to our pro-life petition.