The latest fight about abortion is once again in the courts.  This time the battle is over “medical” abortion.  Even before the Dobbs decision last year, there has been a move away from “surgical” abortions to medical abortions. (According to the latest statistics, it is close to a 50-50 split between surgical abortions and medical abortions.)  The reasons for this trend are somewhat simple.

First, it is easy for a state to regulate surgical abortions.  While most surgical abortions are not what most people would consider to be surgical, a surgical abortion is still a hands-on, in-person procedure.   It requires an office, and a state can enact rules about that physical facility — size, location, and equipment.

Second, the need for a physical location for surgical abortions creates two problems.  On the one hand, that makes it easy for anti-abortion activists to target the facility in various ways.  On the other hand, the need for a physical facility makes it harder for patients to access the facility.  Due to the regulations, an abortion clinic is rather expensive investment.  As a result, abortion clinics are in the biggest cities.  If you live in the rural part of your state, the nearest abortion clinic can be over three or four hours away. Continue Reading...