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food and drug administration
Wyoming Supreme Court Strikes Down First US State Ban on Abortion Pills
"Today's ruling affirms what we have always known: that abortion is essential healthcare," said one advocate.
Jan 06, 2026
The first piece of state legislation in the US explicitly banning the use of abortion pills was struck down on Tuesday as Wyoming's state Supreme Court ruled that it, along with the state's near-total abortion ban, violated the state's constitutional right to bodily autonomy.
Both laws were passed in 2023, following the US Supreme Court's overturning of Roe v. Wade. One of them banned abortion in nearly all cases, except when the pregnant patient's life is threatened or in cases of rape or incest—a measure similar to those in several other red states.
But while many states' abortion bans have effectively outlawed the use of abortion drugs like mifepristone and misoprostol, Wyoming's was the first to outlaw the use of these pills in its text.
According to a 2023 study by the Guttmacher Institute, 63% of abortions nationwide are done using medications.
In 2012, Wyoming voters approved a constitutional amendment guaranteeing each competent adult the "right to make his or her own healthcare decisions."
Ironically, the amendment was heavily promoted at the time by conservatives who believed it would protect them from what they viewed as "undue governmental infringement" by former President Barack Obama's Affordable Care Act. But reproductive freedom advocates have since used it as a weapon to protect abortion.
In 2023, Wyoming's only remaining abortion clinic, Wellspring Health Access in Casper; the abortion rights group Chelsea’s Fund; and four women, including two obstetricians, sued the state, arguing that the laws violated this constitutional right.
The state's attorneys attempted to argue that the amendment did not apply to abortion, which they claimed is not "healthcare."
In November 2024, a district judge halted both laws, deeming them unconstitutional. Abortion has since remained legal in the state while the lawsuit went ahead.
In a 4-1 ruling, the Wyoming Supreme Court on Tuesday also sided with abortion rights advocates, ruling that both of these laws conflicted with the state’s constitution.
“A woman has a fundamental right to make her own healthcare decisions, including the decision to have an abortion,” the ruling states.
“The state did not meet its burden of demonstrating the abortion laws further the compelling interest of protecting unborn life without unduly infringing upon the woman’s fundamental right to make her own healthcare decisions,” the court added. “As such, the abortion laws do not constitute reasonable and necessary restrictions on a pregnant woman’s right to make her own healthcare decisions.”
Wyoming’s Supreme Court is the state’s highest judicial authority, meaning that the pair of laws is permanently blocked. However, the court said “lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Janean Forsyth, the executive director of Chelsea's Fund, said the court's decision "is a landmark victory for reproductive freedom in Wyoming, and we are gratified and heartened by the ruling."
"Today's ruling affirms what we have always known: that abortion is essential healthcare, and Wyoming women have the constitutional right and the freedom to make their own healthcare decisions without government interference," she added.
The ruling is a victory for abortion rights at a time when they have come under systemic attack by the Trump administration during his first year back in power, as the Center for Reproductive Rights documented in a report released Monday.
The administration has withdrawn federal guidance that directed emergency rooms to perform abortions in cases where the mother suffers deadly pregnancy complications, which have increased by as much as 50% in states with abortion bans.
A new policy at the Department of Veterans Affairs (VA), meanwhile, prevented veterans on VA health insurance from receiving abortions, including in cases of rape, incest, or severe risk to personal health.
The massive cuts to Medicaid under last year's Republican budget reconciliation bill have also resulted in the closure of at least 50 Planned Parenthood health centers across the nation, and reduced services at many more.
GOP attempts to restrict mifepristone access are also currently being litigated in Florida, Texas, and Missouri.
Health and Human Services Robert F. Kennedy, Jr said during a Senate hearing in May that the Food and Drug Administration (FDA) is currently reviewing its regulations on mifepristone, which was first approved by the FDA 26 years ago. That review has reportedly been delayed until after the 2026 midterm elections in November.
"Too many people wrongly believe that President Trump is done attacking abortion access, and that overturning Roe v. Wade was his endgame,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “But in his first year back in office, the Trump administration is not ‘leaving it to the states’ to decide abortion policy, but wielding federal power to go after abortion access even in states where abortion is legal."
She described "the looming fear that the FDA will soon gut access to abortion pills, which have been a lifeline in post-Roe America," adding that "the threat to further limit access to abortion throughout the nation is real and must be met with vigorous opposition.”
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When it Comes to Women’s Health, The Trump Admin’s Hypocrisy is on Full Display
President Donald Trump and his cronies are peddling lies about abortion care while touting their farce advancements for women’s health.
Nov 22, 2025
Earlier this month, Food and Drug Administration Commissioner Marty Makary and Secretary of Health and Human Services Robert F. Kennedy Jr. made an announcement regarding the removal of broad “black box” warnings from Hormone Replacement Therapy products for menopause.
As an OB-GYN PA with more than a decade of experience in reproductive care, I know what decisions women and patients are grappling with when it comes to their health and maternal care. I also know first hand the devastating consequences of denying patients critical care when they need it the most and stripping access to care that’s been proven to be safe and effective after decades of research.
President Donald Trump and his cronies are peddling lies about abortion care while being hypocrites when touting their farce advancements for women’s health. Right now, Trump and his anti-abortion administration are pulling every string possible to ban abortion and that includes banning abortion medication.
Ironically, Commissioner Makary said in a statement that “women and their physicians should make decisions based on data, not fear,” and anti-abortion extremist Kennedy Jr. said that the administration is “returning to evidence-based medicine and giving women control over their health again.”
Contrary to their assertion of trusting research and doctors, right now, the Trump administration is working to roll back access to mifepristone and reproductive care, with Makary and Kennedy Jr. at the helm.
At the press event for this announcement, while responding to a question from a reporter, Makary said that the administration is “sticking with our philosophy that the government is not your doctor.”
So, which is it? Does this administration trust women and patients to consult their physicians for what’s best on making personal medical decisions, or is that only convenient messaging when it’s pushing forward their extreme agenda?
The healthcare crisis in America is a dire one, and yet, the Trump administration continues to play political games and feign ignorance as to how their efforts to ban abortion nationwide will have a catastrophic impact on women and patients across the country.
It has been 25 years since the FDA approved mifepristone, a safe, effective medication that has reshaped abortion care in the US.
Contrary to their assertion of trusting research and doctors, right now, the Trump administration is working to roll back access to mifepristone and reproductive care, with Makary and Kennedy Jr. at the helm.
At the urging of anti-abortion politicians and junk science, the FDA has agreed to revisit its approval of mifepristone, because extremists condemned the FDA approving a generic abortion pill just last month.
We must continue to call out this hypocrisy, because Republicans know that imposing Project 2025’s abortion agenda risks significant political backlash, particularly in battleground states where abortion is either legal or popular. More than 6 in 10 Americans support keeping medication abortion available. Even many Trump voters oppose new restrictions.
Let’s be clear—this administration’s attacks on mifepristone are a national abortion test.
Project 2025, spearheaded by Trump, Kennedy Jr., and Makary, would dismantle access to one of the safest, most widely used medications in the country. Medication abortion accounted for nearly two-thirds of all US abortions in 2023.
Will women and families retain the ability to make private medical decisions—or will patients have their rights ripped away and be forced to jump through unimaginable hoops just to receive care?
If Republicans were actually committed to prioritizing women’s health in their agenda, they would invest in healthcare so expecting mothers across the country have access to the most comprehensive care available, including abortion care.
If Republicans were actually committed to protecting women and advancing medical research, they wouldn’t pull funding from clinics and hospitals dedicated to providing care for women and patients nationwide, especially in rural communities where resources are already sparse.
I’m not buying this feigned effort toward showing allyship toward women, when everything that this administration has done since January has been an assault on women’s health and the care we undoubtedly need. Physicians and providers like me spend years in schooling and training so we can provide the best care to our communities, and yet this administration undermines those years of dedication and expertise to appease an extreme anti-abortion minority.
If Trump, Makary, and Kennedy Jr. want to walk the walk in advancing women’s healthcare, they should start with looking at themselves and acknowledging the harm that they are doing across the country to the detriment of the American people.
Lives are at stake, and we are waiting for them to mean what they say.
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Following ‘Lobbying Blitz,’ Senators Sneak Provision Killing Food Safety Rules Into Shutdown Bill
“The next time you go to a restaurant and then uncontrollably vomit and diarrhea in your pants, you should send a note of thanks to the Republican and Democratic senators,” said David Sirota, founder of The Lever.
Nov 12, 2025
While the Republican and Democratic senators who passed this week’s emergency funding bill to reopen the government took heat for their failure to provide a solution to rising health insurance premiums, they also slipped other provisions under the radar that will likely harm Americans’ health.
As The Lever reported Tuesday, senators inserted language into the bill that would gut food safety regulations that prevent illness and death, as well as regulations on ultraprocessed foods.
The changes come “amid a lobbying blitz and a flood of campaign cash” from the food and restaurant industries which have spent more than $13 million lobbying the White House, Congress, and the Food and Drug Administration (FDA) this year.
Amid a surge of product recalls for bacteria like Listeria, Salmonella, and E. coli, the number of dangerous cases of foodborne illness doubled last year, according to the Public Interest Network. These illnesses annually result in around 53,000 hospitalizations and 900 deaths, according to a report from the Government Accountability Office.
Nevertheless, The Lever reports that the “new funding bill blocks federal rules designed to trace sources of outbreaks, and to prevent contamination of produce.” One provision bans the use of funds to administer or enforce the FDA’s "Requirements for Additional Traceability Records for Certain Foods," published in November 2022.
That traceability rule, The Lever notes, is “aimed to establish new record-keeping standards for companies to track their food products across the supply chain. Those records could help regulators identify the point of origin in the event of a major disease outbreak or food contamination event. The rule applied to produce, seafood, and certain dairy products, such as cheese, and exempted small businesses from the rule.”
The rule was initially proposed by the Trump administration during the Covid-19 pandemic, and enacted in 2023 by the Biden administration over aggressive opposition from industry groups. But after Trump’s return to office this year, they began a multimillion-dollar effort to lobby Congress to repeal the measure.
The National Restaurant Association spent nearly $2.5 million to lobby lawmakers to eliminate the rule, while the International Foodservice Distributors Association spent more than $600,000. In August, the Trump FDA proposed a rule to delay the traceability standards until 2028.
As The Lever explains: “The line inserted on page 154 of the new funding package contains identical language as the federal rule and would enshrine it into law.”
Two groups that have lobbied aggressively for deregulation of food tracking, the National Restaurant Association and the National Grocers Association, donated more than $750,000 to both parties’ congressional candidates and more than $145,000 to the two parties’ congressional election committees in the last election.
And they gave a combined $17,000 to three of the seven Democrats who joined Republicans in backing the bill—Sens. Jacky Rosen (D-Nev.), Tim Kaine (D-Va.), and Dick Durbin (D-Ill.).
“The next time you go to a restaurant and then uncontrollably vomit and diarrhea in your pants, you should send a note of thanks to the Republican and Democratic senators who helped their campaign donors slip this language into their legislation to reopen the government,” wrote The Lever’s founder, David Sirota, on social media.
The traceability rule is one of several regulations the bill, which is expected to come up for a vote in the House on Wednesday, would gut. It also requires that none of the bill’s funds go toward enforcing a 2015 FDA rule requiring stricter inspections of wine grapes, hops, almonds, and certain other crops.
It also axes funds for the FDA to establish new regulations to limit the public’s high intake of sodium, which is commonly found in highly processed foods. The effort to gut these regulations notably flies in the face of Health and Human Services Secretary Robert F. Kennedy, Jr.’s so-called “Make America Healthy” initiative.
Kennedy’s “MAHA” report, released in May, explicitly called for guidelines “that emphasize unprocessed foods while strictly limiting high-fat, high-sugar, and high-sodium processed items.”
“The most MAGA thing ever is embracing the so-called MAHA movement and then quietly gutting food safety regulations and research into ultra-processed foods,” said Neal Kwatra, the founder of the New York-based progressive group Metropolitan Public Strategies. “Just previously unseen levels of gaslighting on politics vs. actual policy.”
But Democrats allowed the measure to pass, too. For this, Melanie D’Arrigo, the executive director of the Campaign for New York Health, blamed the overwhelming power of corporate money.
“As long as corporations and billionaires are legally allowed to pay off politicians, we will never have a government that works for us,” she said.
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