When the U.S. Supreme Court handed down the Dobbs decision in June 2022, many in Washington and the media declared that abortion was now a matter for the states. While the ruling did not explicitly say abortion was a state issue, it did affirm that states have the authority to regulate abortion โ and in doing so, it appeared to cut the strings of federal control, freeing states to protect the unborn.
But three years later, Americans are discovering that those strings were never truly severed. Washington still holds them tightly. Even though Dobbs recognized state authority, the federal government continues to pull the levers of abortion policy through appropriations, regulations, and executive action. The result: states may appear to act independently, but the real control still comes from Washington.
Two issues this week make that point unmistakably clear: a red state suing the Trump administration over mail-order abortion drugs, and Democrats forcing a government shutdown over expanded Obamacare funding that covers both abortion and gender-transition procedures for minors.
First, Louisiana has sued the Trump FDA for continuing a Biden-era policy that allows the abortion drug mifepristone to be mailed into states that have outlawed it โ effectively nullifying the statesโ rights affirmed in Dobbs.
Immediately after the courtโs ruling, the Biden administration launched its โReproductive Rights Task Forceโ within the Department of Justice โ a whole-of-government campaign to undermine Dobbs. The administration dismantled long-standing FDA safety protocols that required in-person consultations before prescribing mifepristone, a drug known to pose serious health risks to women. Those safeguards had been in place for more than two decades. Then, by refusing to enforce the Comstock Act โ which prohibits mailing abortion-related materials โ the DOJ effectively opened the door to abortion-on-demand through the mail, where it cannot be policed. The FDA has helped the abortion industry move from a brick-and-mortar model to an โAmazon modelโ for abortion.
Louisiana reports that despite its laws prohibiting abortion, illegal chemical abortions now account for an estimated 600 to 800 deaths of unborn children each month โ nearly identical to the stateโs monthly average in the five years before Roe was overturned. Along with a dozen other pro-life states, Louisiana has acted within its recognized authority to outlaw abortion, yet the federal government continues to undermine those laws at every turn.
Meanwhile, as the current government shutdown drags into a third week, the central sticking point is Democratsโ demand for $1.5 trillion to extend COVID-era Obamacare subsidies โ funds that continue to underwrite both abortion and gender-transition procedures for minors. Most Republican-led states prohibit taxpayer funding for these destructive practices, yet because federal dollars are involved, taxpayers in pro-life states are still footing the bill for anti-life policies in blue states.
Dobbs recognized the right of states to defend life, but as long as Washington holds the strings, the states cannot fully stand for the unborn. Itโs time for more states to challenge the abortion strings that have tied their hands for far too long.
