
Senator Josh Hawley’s newly introduced legislation seeks to ban the nation’s most commonly used abortion method, targeting a drug approved over two decades ago that now accounts for nearly two-thirds of all abortions in America.
Story Snapshot
- Senator Hawley introduces the Safeguarding Women from Chemical Abortion Act to revoke FDA approval of mifepristone, used in 63% of abortions
- Bill allows women to sue manufacturers for damages while claiming complication rates are 22 times higher than FDA labeling indicates
- Legislation follows Biden-era mail-order abortion pill policies enabling roughly 500 abortions daily through telehealth prescriptions
- Legislative path uncertain amid Trump’s previous opposition to national abortion bans and congressional gridlock on abortion policy
Hawley Targets Clinton-Era Drug Approval
Senator Josh Hawley introduced the Safeguarding Women from Chemical Abortion Act on March 11, 2026, legislation designed to revoke FDA approval of mifepristone granted during the Clinton administration in 2000. Congresswoman Diana Harshbarger introduced companion legislation in the House. The Missouri Republican framed the bill as protecting women’s health, stating pharmaceutical companies like Danco Laboratories profit billions from what he characterized as an inherently dangerous drug prone to abuse. The legislation represents an escalation from Hawley’s May 2025 bill that sought FDA safeguards rather than complete prohibition of the medication abortion drug.
Disputed Safety Data Fuels Legislative Push
Hawley cited research from the Ethics and Public Policy Center claiming mifepristone complication rates are 22 times higher than FDA-approved labeling indicates. His press conference featured testimonies from women who reported complications from the drug. The senator urged FDA Commissioner Marty Makary to review mifepristone data, referencing Makary’s confirmation hearing pledge to examine the totality of evidence. However, the FDA has provided no timeline or concrete plans for such a review, leaving the agency’s position ambiguous despite promises to evaluate safety claims.
Mail-Order Abortion Pills Drive Daily Usage
Mifepristone became the dominant abortion method in America, accounting for 63 percent of all abortions in 2023 according to Guttmacher Institute data. The Biden administration’s FDA policies allowed mail-order distribution of abortion pills, which pro-life organizations estimate enables approximately 500 abortions daily through telehealth prescriptions. This represents a fundamental shift in abortion access that bypassed traditional clinic settings. The policy change effectively created a nationwide abortion-by-mail system that continued operating even after the Supreme Court’s 2022 Dobbs decision returned abortion regulation to individual states, raising federalism concerns.
Supreme Court Punted on Safety Merits
The Supreme Court in 2024 unanimously rejected an Alliance for Hippocratic Medicine challenge seeking to reverse mifepristone’s FDA approval and restrict access. However, the Court’s ruling was based solely on lack of legal standing rather than examining the drug’s actual safety record. This procedural dismissal left substantive questions about mifepristone’s risks unaddressed, creating an opening for legislative action. Hawley’s bill positions Congress as the appropriate body to withdraw approval when regulatory agencies fail to adequately protect public health, echoing conservative principles of elected accountability over bureaucratic authority.
Legislative Outlook Faces Headwinds
The bill’s prospects remain uncertain despite Republican control of Congress. President Trump previously indicated as a candidate he would veto a national abortion ban, creating potential friction with congressional pro-life efforts. Abortion restrictions have failed to gain traction in Congress since the Dobbs decision returned the issue to states. The legislation includes a private right of action allowing women who suffer complications to sue manufacturers, creating new pharmaceutical liability frameworks. If enacted, the ban would eliminate access to the most common abortion method nationwide, fundamentally reshaping abortion availability even in states with protective laws and raising questions about federal overreach into state jurisdiction.
Josh Hawley has introduced a bill to ban abortion pills, drawing on dubious data to justify Congress revoking the FDA's approval of these drugs https://t.co/1fEzJK9b3S
— reason (@reason) March 16, 2026
The bill energizes pro-life constituencies frustrated with pharmaceutical industry profits from abortion while highlighting ongoing tensions between federal regulatory authority and congressional oversight. Limited data exists on FDA’s response timeline or willingness to act independently of legislative pressure, though Commissioner Makary’s confirmation statements suggest potential openness to safety review. The debate reflects deeper conservative concerns about unelected bureaucrats making life-and-death policy decisions without sufficient accountability to voters or their elected representatives in matters of fundamental moral consequence.
Sources:
Sen. Hawley Introduces Bill to Revoke FDA Approval of Abortion Pill – The Record
Hawley Introduces Bill to Strip FDA Approval from ‘Inherently Dangerous’ Abortion Pill – Fox News
Senator Josh Hawley Introduces Bill to Revoke FDA Approval of Abortion Pill – The Good News Room
Hawley Introduces Bill to Ban Chemical Abortion Drug – Senator Josh Hawley













