Brett Kavanaugh Ruling Alarms Trump Critics: 'Warning Shot'

Abortion-rights advocates have raised alarms about a recent U.S. Supreme Court case after the court ruled that the abortion drug mifepristone should remain legal.

In delivering a judgment for the court, Justice Brett Kavanaugh wrote that anti-abortion advocates can still take a case before the U.S. Food and Drug Administration (FDA) and other regulatory bodies.

"The federal courts are the wrong forum for addressing the plaintiffs' concerns about FDA's actions," he wrote. "The plaintiffs may present their concerns and objections to the President and FDA in the regulatory process, or to Congress and the President in the legislative process."

brett kavanaugh
Brett Kavanaugh poses in the official group photo at the U.S. Supreme Court in Washington, D.C., on November 30, 2018. Kavanaugh delivered the ruling for the Supreme Court in a challenge to the distribution of... Mandel Ngan/Getty Images

Prominent abortion-rights activist Olivia Julianna wrote on X, formerly Twitter, that undermining abortion through regulation challenges is a major policy objective of Project 2025, the Heritage Foundation-led conservative umbrella group.

Project 2025, which seeks to have conservatives elected but also to have conservatives employed in the federal government, has sought to have the FDA ban abortion pills.

"The FDA is statutorily charged with guaranteeing the safety and efficacy of drugs and therefore should withdraw this drug that is proven to be dangerous to women and by definition fatally unsafe for unborn children," Project 2025 says.

And they may also express their views about abortion and mifepristone to fellow citizens, including in the political and electoral processes," Project 2025 says in its list of policy objectives.

In her X post, Julianna wrote that "Brett Kavanaugh just validated one of the main points of Project 2025 in a majority opinion from the Supreme Court."

"Project 2025 outlines weaponizing the office of the President to ban abortion medication nationally. This isn't a win. This is a warning shot," she wrote.

Newsweek sought email comment from Kavanaugh's office on Monday.

Julianna, who describes herself on X as a "Texas Democrat & Proud Abortion Rights Activist" has appeared on a Democratic Party video supporting abortion rights.

While the Supreme Court ruling is a victory for pro-choice activists, the drug remains unavailable in states that have imposed near-total bans on abortion.

Speaking at a Hollywood campaign event on Sunday, President Joe Biden said that if Donald Trump is elected president in November, he will be able to further influence the makeup of the Supreme Court.

Biden said that, after the Supreme Court ruled to overturn Roe vs. Wade abortion rights in June 2022, "you had [Justice] Clarence Thomas talking about the fact that there are going to be other things we should reconsider, including in vitro fertilization, including contraception, including all these things."

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About the writer


Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more