When the U.S. Supreme Court overturned the infamous Roe v. Wade decision, Justice Samuel Alito, writing for the majority, declared: “We now overrule those decisions [Roe and Casey] and return that authority to the people and their elected representatives.” Following the Dobbs ruling, several Republicans — including President Trump — said abortion was now in the hands of the states. “The states will determine … whatever they decide must be the law of the state,” Trump insisted.
While I disagree with the notion that abortion should be regulated solely at the state level, the reality is that most pro-life protections have historically been advanced at the state level. During my time in the Louisiana legislature, I authored and passed numerous laws defending the sanctity of life.
Since Dobbs, 41 states have acted to protect the unborn in some form. Twelve now have comprehensive protections beginning at conception, while 28 have established gestational limits.
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Yet, despite this, abortion hasn’t decreased. In fact, according to the pro-abortion Guttmacher Institute, abortions have increased more than 10% since Dobbs, rising from roughly 930,000 to over one million annually — more than 2,800 abortions each day.
How can abortion be on the rise when so many states have passed pro-life laws? The answer is chemical abortion — specifically, the abortion pill mifepristone, which now accounts for nearly two-thirds of all abortions.
The Biden administration enabled this surge by eliminating critical FDA safety protocols and refusing to enforce longstanding federal laws, including the Comstock Act, which prohibits the mailing of abortion drugs. These actions were not incidental — they were designed to circumvent and neutralize the very state laws empowered by Dobbs.
This abortion pill regimen not only ends unborn lives but also puts women at risk. Nearly 11% of women who use chemical abortion drugs experience complications requiring emergency care. And yet, these pills are shipped without medical oversight into states that have chosen to protect life.
To further insulate this practice, 18 pro-abortion states have passed shield laws that protect abortionists who mail these drugs into pro-life states — effectively tying the hands of local prosecutors and lawmakers. The result: the Dobbs decision is being nullified in practice, if not in principle.
That’s why last week, Southern Baptist pastors and leaders from 22 states called on President Trump to reverse the Biden-era policies that continue to undermine state-level protections. And they are not alone. Sixteen state attorneys general are urging Congress to take action against these shield laws and restore the rule of law.
Here’s the bottom line: The Trump administration cannot support the Biden abortion drug policy and still claim to support the right of states to protect the unborn. The two positions are mutually exclusive. President Trump should restore the rule of law by reversing Biden’s abortion drug policy and allowing states to do what Dobbs intended — protect life.
Tony Perkins is president of Family Research Council and executive editor of The Washington Stand.
