Across the country, courts are dealing with the post-Roe fallout

The Supreme Court announced it will consider a case that could impact a person's access to abortion pills.
Posted at 4:11 PM, Dec 13, 2023

The battle over abortion is taking place all over the country. 

The U.S. Supreme Court announced Wednesday it would hear arguments in Alliance for Hippocratic Medicine v. FDA, which could provide answers on abortion pill access in the country — even in states where the procedure is still allowed. The high court will decide if restrictions that were in place prior to 2016 should be reinstated. The lifted restrictions made the pill easier to obtain, even by mail. 

Abortion pills are the most common method of abortion in the U.S.

In Texas, Kate Cox was granted permission to receive emergency abortion care Thursday and had that permission taken away less than 48 hours later by the state Supreme Court.

Molly Duane, Kate Cox's attorney in the case, asked in an interview with Scripps News, "Should a family be able to decide how they grieve and how they grow their families? Or should politicians and judges and courts be be in the mix?"

Cox's case could serve as a preview for another soon-to-come decision by the Texas Supreme Court on what constitutes a "medical emergency" and what meets the state's narrow exception for abortion care.

Meanwhile in Arizona, dueling abortion laws are being considered by its state Supreme Court.

"We would expect physicians to look not only at the 15 weeks law but the pre-Roe law," Jack Werner, a lawyer representing the anti-abortion organization, Alliance Defending Freedom.

While the state legislature passed a 15-week abortion ban in 2022, Arizona has a total ban on abortion still on the books from the 19th century.

The Arizona Supreme Court will have to decide which law takes precedent.

New Mexico, one of the few southern states where abortion is legal, has a case to determine if local governments can set their own abortion standards.

State officials have sued to overturn local ordinances that prohibit abortions.

Post-Roe reality: Anti-abortion activists push for 'whole life' policy
Abortion rights protesters attend a rally

Post-Roe reality: Anti-abortion activists push for 'whole life' policy

Anti-abortion measures have seen their fair share of losses since Roe v. Wade was overturned, with abortion-rights policies winning in many states.