Republican presidential hopefuls and potential 2024 contenders aren't going out of their way to weigh in on the legal battle over the abortion medication mifepristone.
The challenge to the drug's Food and Drug Administration approval — and therefore its availability — in the U.S. is the latest chapter in the saga over abortion access. Republican presidential hopefuls, aware of the breadth of public support for abortion access, even among some GOP voters, have been struggling over how to navigate abortion politics following the overturning of Roe v. Wade last year.
A CBS News poll from earlier this month found that the majority of Americans disagree with the lower court ruling to ban the drug. According to the poll, 67% of Americans believe the abortion pill should remain legal where abortion is legal. Only 33% believe it should not be available. And the findings are not entirely partisan: nearly half of Republicans, 46%, believe the pill should remain available where abortion is legal.
Since the overturning of Roe, addressing abortion has been a hurdle for GOP candidates who need to win over conservative voters in the primary — and then would likely need to court moderate support in the general election. And not only does the mifepristone battle keep abortion in the spotlight; it would not just impact access in states where abortion is already restricted but could reduce access nationally.
Here's where Republicans running for president — or thinking about it — stand on the abortion pill:
Donald Trump
Pence's stance on abortion has now put him at direct odds with his former boss President Donald Trump, whose campaign platform is abortion is now a state issue. His campaign said in a statement the Supreme Court "got it right when they ruled this is an issue that should be decided at the State level."
The former president has not directly addressed the abortion drug legal battle at events or on Truth Social despite it being a Trump-appointed Texas judge who ruled to ban mifepristone; he also appointed two of the appellate court judges on the 5th Circuit Court which upheld further restrictions on the pill.
Mike Pence
"I'd like to see this medication off the market to protect the unborn," former Vice President Mike Pence told CBS News' Robert Costa in an interview. "But also, I have deep concerns about the way the FDA went about approving mifepristone 20 years ago."
While mifepristone was approved by the agency under an expedited approval process — the approval of the drug was not expedited and took four years to receive approval.
"I'm grateful that action is being taken in the courts to hold the FDA accountable to what the law requires in reviewing any medication that's made on the marketplace," Pence told CBS News. "So for the sake of protecting the unborn, but also for the health and safety of women, I'm looking forward to this litigation continuing and holding the manufacturers of mifepristone accountable."
Nikki Haley
On Tuesday, presidential hopeful Nikki Haley gave a speech on abortion at the Virginia offices of the anti-abortion rights group Susan B. Anthony Pro-Life America, where she talked about being the 2024 candidate to find consensus on abortion. She noticeably did not mention medication abortion.
While Haley, who has described herself as unapologetically pro-life, decried the 1973 Roe decision by "unelected judges" setting the national standard, she did not address the question about mifepristone's availability now also before "unelected judges."
Other potential presidential hopefuls have taken a more forceful stance on the drug.
Asa Hutchinson
Former Arkansas Gov. Asa Hutchinson, who on Wednesday formally launched his own Republican presidential bid, has deferred to science earlier this month when it comes to access to abortion medication, according to the Iowa Capital Dispatch. Over the weekend, Hutchinson did not address the latest ruling on mifepristone in an appearance on Fox News Sunday. He did say he would sign a federal 15-week abortion ban, but prefers abortion be decided by states. Last year, Hutchinson said a national ban goes against the states having the prerogative on abortion.
Ron DeSantis
Likely Republican presidential candidate Florida Gov. Ron DeSantis has also not commented on the effort to ban mifepristone. The Florida Republican this month signed a six-week abortion ban in Florida. The legislation also requires the drugs used in medication abortion be dispensed only in person or by a physician in the state.
DeSantis previously signed a 15-week abortion ban before winning his reelection by 20 points — a move often noted by anti-abortion advocates who argue abortion is not a losing issue for Republicans.
Tim Scott
Fellow presidential hopeful Sen. Tim Scott of South Carolina told CBS News before the Supreme Court's mifepristone decision that he has "confidence in our judiciary" and the issue would be "settled" before there is a chance to weigh in legislatively. He has not commented since the Supreme Court halted the ban.
But he has waffled on abortion since launching a presidential exploratory committee. Scott said he would support a 20-week federal ban and signaled an openness to a 15-week ban since refusing to take a stance in a mid-April interview with CBS News.
The FDA first approved mifepristone in 2000, and since then, it has been used by about 5.6 million people, the FDA estimates. Medication abortion is the process for more than half of abortion in the United States.