Developments in Abortion, Autonomy, and Access:
We thank you for your patience while we switched up the Digest schedule to accommodate the needs of our staff in the past several weeks, and we hope that you enjoyed last week’s joint edition of the repro digest and the trans rights digest. We are excited to now be back on our regular schedule, delivering critical repro news directly to your inbox every two weeks. This week’s Digest walks through developments in access to mifepristone, legislation restricting or criminalizing care, the overturn of Michigan’s pregnancy exclusion law for end of life care, and updates in the Tennessee case challenging the state’s abortion ban. We also discuss developments in abortion politics, the future of Planned Parenthood funding, and the Trump Administration’s latest moves with respect to reproductive health. As always, please read on to the end for the news that you need to know.
Reproductive Rights and Health Equity News
This Week’s Must-Read:
This week’s must-read tells the story of Tiffany McElroy, an Alabama woman who went into early labor shortly after being booked in an Alabama jail and was forced to give birth on the prison floor while guards reportedly watched and ignored her pleas for help. Other detained women helped her to give birth and revived the baby, who was not breathing when she was born. Pregnancy Justice has filed a federal civil rights lawsuit on Ms. McElroy’s behalf, seeking justice for her and her baby.
Legislation & Litigation:
Overview:
In-person dispensing requirements for mifepristone remain on hold until 5:00 EDT on Thursday, May 14th, while the Supreme Court continues to consider the matter;
Tennessee is using a newly enacted procedural law to delay trial and testimony in a case challenging the state’s abortion ban;
South Carolina lawmakers and advocates continue to battle over a proposed total abortion ban that would see providers, patients, and helpers penalized;
Oklahoma Governor Kevin Stitt has signed a law criminalizing medication abortion;
A Michigan court struck down the state’s pregnancy exclusion for end of life directives; and
A bill strengthening so-called ‘conscience protections’ for healthcare providers, institutions, and entities awaits Iowa Governor Kim Reynolds’ signature.
Medication Abortion Still Available In the Mail Until At Least Thursday, May 14th:
As reported in our last Digest, on May 1, 2026, a panel of Republican-appointed judges from the 5th Circuit Court of Appeals granted Louisiana’s request to pause a 2023 FDA policy removing in-person dispensing requirements for mifepristone during the pendency of litigation. Danco and GenBioPro, the manufacturers of the medication, appealed the 5th Circuit’s grant to the Supreme Court, and the Supreme Court issued a temporary stay, requiring the parties to submit briefing by Thursday, May 7th. You can read a detailed analysis of this procedural history in this piece published by L4GG legal fellow Zane McNeill.
On Monday, May 11th, Justice Alito extended the pause until Thursday, May 14th. Louisiana submitted its brief last week, arguing that in-person dispensing requirements should be reinstated nationwide while the case makes its way through the lower courts. Notably, the Department of Justice, which represents FDA, the actual defendants in this matter, did not file a brief. Both sides reportedly took the administration’s silence as approval of the Fifth Circuit’s decision to re-impose restrictions on access.
Tennessee Delays Trial in Case Challenging the State’s Abortion Ban:
Tennessee has taken procedural action to delay progress in the trial challenging the state’s total abortion ban. The case was originally filed in 2023 by women who had been denied care in the face of severe medical complications. The law was temporarily paused for circumstances involving medical emergencies, but attorneys in the case argue that it remains insufficiently clear and that patients will continue to suffer as a result. Trial in the case was set to begin last month; however, the state used a recently passed law allowing for automatic appeals in certain cases to halt the trial at the last minute. This move delays the plaintiffs’ opportunity to be heard and to tell their stories in a court of law. Notably, the plaintiffs in the case are merely asking for the state to clarify that a patient’s health is sufficient grounds for medical intervention, and that the patient need not be facing an imminent threat to their life - they are not asking the court to overturn the ban altogether. Regardless, the state has attempted to have the case dismissed four times.
South Carolina Legislature Battles Over Total Abortion Ban:
South Carolina lawmakers are continuing consideration of a total abortion ban with an exception only for the life of the patient. Currently, South Carolina is enforcing a ban on abortion after detection of fetal cardiac activity - around 6 weeks gestational age - with exceptions for the life of the patient, fatal fetal anomalies, and certain cases of rape or incest. If passed, Senate Bill 1095 would not only make South Carolina a total ban state, but would also take the first-of-its kind step of allowing punishment of the patient themselves. The bill makes it a felony for someone to perform an abortion or provide medication to terminate a pregnancy and a misdemeanor for a person to have an abortion. It would also further limit the rights of minors to obtain abortions, both in and out of state. At this time, the bill still faces a long road and substantial opposition, but the Senate Medical Affairs Committee recently voted to give a favorable report on the bill, advancing it one step closer to passage.
Oklahoma Passes Law Restricting Abortion Medications:
On May 5th, Oklahoma Governor Kevin Stitt signed a new law criminalizing medication abortion, despite the state already enforcing a total abortion ban. House Bill 1168 creates a felony charge for knowingly providing abortion-inducing medication to a pregnant person to terminate their pregnancy, with narrow exceptions for ectopic pregnancies and miscarriage management. Penalties include prison time and up to $100,000 in fines - even for friends or family members who assist someone in obtaining care. According to Senate Minority Leader Julia Kirt, the bill was intended as a political talking point for Republicans on the campaign trail. Regardless, its impact will be to intimidate patients out of seeking care (including lawful care), increase obstacles to clinicians providing care, and interfere with the doctor-patient relationship. The measure will go into effect 90 days after the end of Oklahoma’s legislative session.
Michigan Court Strikes Down Pregnancy Exclusion for End of Life Directives:
A Michigan court has struck down provisions of state law that restricted end of life directives for incapacitated pregnant people. Judge Sima Patel wrote that the laws - known as the “pregnancy exclusion” - “infringe on the fundamental right to reproductive freedom as was enshrined in the Michigan Constitution in 2022.” The lawsuit was filed by Michigan women, physicians and patient advocates challenging the state’s denial of incapacitated pregnant people’s right to have their end of life wishes honored. Under the law, patient advocates could not refuse life-sustaining treatment for pregnant people. According to a report by Pregnancy Justice, 29 states have laws invalidating advance directives for pregnant people.
Iowa Considers Increased ‘Conscience Protections’ as the State’s Abortion Ban Harms Patients:
A bill to strengthen so-called ‘conscience protections’ for healthcare providers awaits Iowa Governor Kim Reynolds signature. House Bill 571 would empower medical providers and institutions to decline to provide care that they allege conflicts with their moral or religious beliefs - oftentimes, this involves care related to abortion, contraception, or the LGBTQ+ community. Conscience laws generally allow healthcare providers to opt out of caring for a patient when the care required in some way conflicts with their belief system. Proponents of these laws say that they are crucial for protecting religious and individual liberties, but critics say that they conflict with clinicians' ethical obligations to care for all patients equally and threaten to worsen already dire physician shortages. Federal conscience protections already exist for healthcare providers, but many states have passed their own provisions. Iowa’s proposed law would strengthen providers and payors’ rights to refuse to participate in certain care, create additional ‘anti-discrimination’ regulations for objectors, and implement whistleblower and first amendment ‘protections.’
Trend and Policy Watch:
Idahoans Gather Enough Signatures to Put Abortion on the Ballot:
Idahoans have officially gathered enough signatures to qualify for the November ballot. The Reproductive Freedom and Privacy Act, championed by Idahoans United for Women and Families, would functionally restore Idaho’s abortion laws to their pre-Dobbs status. Idahoans have suffered under one of the most draconian abortion bans in the country in the years since the Supreme Court overturned Roe, and despite repeated calls for change and clarification, the state has failed to take any action to relieve the healthcare crisis unfolding in the state. As Executive Director of Idahoans United stated, the “hope is that this is one significant step back towards stabilizing [Idaho’s] healthcare system in asserting that people deserve dignity and privacy as it relates to their medical care.”
Advocates and Politicians on Both Sides Look to Whether Planned Parenthood will Remain “Defunded”:
Last year, President Trump effectively defunded Planned Parenthood as a part of the “One Big Beautiful Bill Act.” The defund provision was set to last a year, and as that deadline approaches, politicians on both sides of the aisle are looking to shape the future of reproductive healthcare funding. During reconciliation bill talks, rifts have emerged between Republicans who want to focus solely on funding for immigration enforcement, and those who want to ensure that Planned Parenthood remains defunded. Senator Josh Hawley (R-Mo.) unsuccessfully attempted to pass an amendment to extend the defund provision, and other lawmakers like Texas Senator John Cornyn have called for the permanent defunding of Planned Parenthood through a third reconciliation bill. As Republicans weigh their current legislative priorities, they are grappling with the very real possibility that they may lose the House in the November midterms and, with it, the political power to pass certain hardline conservative policies.
Trump Administration Meets with Anti-Abortion Officials:
The Trump Administration reportedly met with anti-abortion officials last Friday, at a time when prominent anti-abortion groups have vocally criticized Trump’s handling of abortion policy. The Administration has found itself in a difficult position with respect to abortion rights in a midterm year – while taking bolder action to oppose abortion may appease the religious right, it has proven to be a politically challenging or damaging stance with broad swaths of the electorate. The administration’s recent meeting came days before FDA Commissioner Marty Makary resigned from the role, reportedly over moral opposition to the administration’s handling of flavored e-cigarettes. Makary was in charge of the FDA’s “review” of mifepristone’s safety record and had faced calls for his removal from anti-abortion groups that viewed him as not taking sufficiently aggressive action to curb access to medication abortion.
Trump Administration Launches Moms.gov, a Government Website Riddled with Anti-Abortion ‘Resources’:
On Mothers Day, the Trump Administration launched “Moms.gov,” a website that purports to address “the needs of mothers and fathers who face difficult or unexpected pregnancies” and ensure “the wellbeing of mothers and the health of American families.” The website conspicuously features a link to Option Line’s crisis pregnancy center finder - notably, Option Line is a project of Heartbeat International and is touted as a helpline for “Rescuing Lives from Abortion.” The new moms.gov website features no information about abortion or hormonal contraception, and instead highlights “fertility awareness based methods.” During the press conference about this new “resource”, Dr. Mehmet Oz stated that “one in three Americans are ‘under-babied’”, and Trump - not for the first time - confusingly referred to himself as the father of fertility. The launch comes after a year that saw devastating cuts to healthcare for Americans across the country and widespread defunding of reproductive health clinics and resources.