Indivisibles, 

Today, a Trump-appointed judge in Texas issued a ruling that blocks the FDA’s approval of the abortion medication Mifepristone, which could deal a major blow to abortion access nationwide. The ruling is now pending, which means mifepristone is still available and on the market for now, but we expect it to head to the Supreme Court sooner rather than later -- especially after a different judge in Washington issued a contradictory ruling ordering the FDA to maintain its approval for mifepristone.

For context, mifepristone is one of the two drugs most commonly used in combination for medication abortion (along with misoprostol). The drug was first approved by the FDA over 20 years ago, and the agency has held firm that it would be wildly unusual to pull approval for a drug after more than two decades of safe and effective use. But MAGA Republicans don’t care about the safety of women, pregnant people, or anyone else. They care about power, no matter the consequences. 

According to NARAL, “Right now, 24.5 million women of reproductive age are living in states with abortion bans. If FDA approval of mifepristone is revoked, 64.5 million women of reproductive age in the U.S. would lose access to medication abortion care, an exponential increase in harm overnight.” Additionally, more than half of all abortions are medication abortions -- meaning that if this ruling stands, it could overburden already strained clinics across the country. 

Since the November midterms, you’ve heard less from Indivisible, other progressive organizations, and many politicians about the fight for abortion access.

The simple reason is that -- despite historic midterm results and a critical progressive victory in Democrats holding the Senate -- when the House flipped to Republican control, any hope of this Congress enshrining Roe into law was lost. There is no current federal pathway to guaranteeing abortion access, despite its overwhelming support among the people. There is no state in the country where a majority of people believe abortion should be illegal in all cases.

But just because there is no current pathway does not mean that we will not be able to create one in the future. As we look to the possibility of another Democratic trifecta in 2024, every bit of work we are doing now to strengthen the Democratic coalition and highlight the extremism of the Republican one will be pivotal in allowing us to take the critical steps to fully cement abortion access nationally: Codify Roe federally and reform the courts to ensure there are no more attacks on our bodily autonomy. 

In the meantime, Democratic leaders, like those in Minnesota and Illinois, are working to strengthen abortion protections in states across the country. These state-level bills are currently the most-effective path to enshrining abortion protections locally. 

Despite these state-level bills and our plans for 2024 and beyond, MAGA’s ongoing push to restrict abortion will continue to impact abortion access nationwide. Whether through archaic statewide bans (Wisconsin’s anti-abortion law dates back to 1849 -- that is pre-Civil War) or through carefully strategized lawsuits (the Texas lawsuit was intentionally filed in an area where they were guaranteed to face a receptive, Trump-appointed judge), MAGA Republicans are charging ahead with their plans to ban abortion across the country. We are in a fragile moment where there is still enough Democratic power to stop a nationwide abortion ban, but not quite enough to enact protections on the right to choose nationwide. 

So what can we do?

• Continue to give to partners like The National Network of Abortion Funds who are leading the way on the fight for abortion access across the country. There are incredible organizations doing the deep work of fighting for the future of abortion access nationwide and they need our support. We are smart enough as Indivisibles to know when to lead and when to follow. There are many abortion-focused groups doing incredible work in advocacy and access; now is the time to continue to follow their lead. Donate to the National Network of Abortion Funds to help support many of the local organizations across the country doing this work.

• If you have a Democratic senator, call and tell them to ditch the “blue slip” and confirm as many of President Biden’s judicial nominees as possible. We’ve seen the impact that federal judges can have on national policy -- if this case had not been brought to a Trump-appointed judge, you wouldn’t be reading this email right now. Biden has been nominating judges at a historic pace (with over 150 nominations already!), but Senate Democrats are still handing significant power to Republicans to block confirmations through an archaic Senate rule called the “blue slip.” Unsurprisingly, Republicans did not follow this rule very strictly when they controlled the Senate under Trump. Democrats cannot continue to follow this rule now, and they have the power to get rid of it immediately. They are allowing Republicans to block confirmations on a purely partisan basis. Tell your Democratic senator to support ditching the “blue slip” today (and if mailboxes are full, call back Monday). 

• If you have Republican senators or do not have Senate representation at all, submit a letter to the editor on MAGA’s terrifying attempt to control our medicine cabinets. MAGA Republicans have not stopped at trying to outlaw abortion, they are now attempting to overrule medical professionals for purely ideological reasons. This is an extreme violation of our reproductive freedoms by a hyper-partisan judge. Republicans should not be in our bedrooms and Republicans should not be in our medicine cabinets. Submit a letter to the editor to make it clear that their position is unacceptable and directly counter to the will of the constituents who elected them. 

• Learn how to hold your representative accountable with this abortion-specific birddogging resource. One of the most important steps to holding your representatives accountable is to first get them on the record. This resource provides guidance on what’s at stake, key questions to ask your rep., and what sort of events provide opportunities for this type of action. Brush up on birddogging today. 

• Find your local Indivisible Group. The theory of change at Indivisible involves small, locally-led groups taking action to push their representatives to stand up for their interests. The current fights for abortion access are happening on a state level. Join a group, and let us support your locally fueled activism to save abortion. If there isn’t one near you, start an Indivisible Group. Now is the time to activate your network. Many of the people in our network are not currently a part of a group, but there is power in the ability to act collectively and support one another. 

Today’s ruling is an audacious act of judicial meddling in our personal healthcare decisions. We know that the obstacles may feel insurmountable, but there are always pathways to fight back. We organize to build the political power necessary to stop Republicans from rolling back abortion rights even further, and to ensure Democrats have the power to enshrine rights for all Americans -- that means recapturing a Democratic trifecta capable of restoring Roe and rebalancing the courts. 

Join a group, build community, support your local abortion fund, and let’s work towards a future where we extend fundamental rights to all Americans.  

In solidarity,
Indivisible Team