On April 12, 2024, former president Donald Trump sat down for an interview with Time Magazine. During the interview, Trump was asked explicitly about whether he would allow women to obtain abortion pills if he won another term as president. More than two months later, we still don't know the answer.

This is a critical issue because abortion pills now account for more than half of all abortions in the United States. Banning or severely restricting the availability of abortion pills would have a devastating impact on reproductive rights in the United States. While overturning Roe v. Wade restricted abortion access for 24.5 million women of reproductive age, banning abortion medication could restrict access to reproductive healthcare to 64.5 million women, according to a study by the NARAL.

The Supreme Court recently unanimously rejected a lawsuit seeking to ban mifepristone, a drug used to induce abortions. But the ruling was narrow, and does not prevent Trump from trying to ban mifepristone through a federal regulation. 

The case was brought by the Alliance for Hippocratic Medicine, which purports to be a medical organization but is actually a front group created by a right-wing advocacy organization, the Alliance Defending Freedom. The Alliance for Hippocratic Medicine was incorporated in Amarillo, Texas, because it guaranteed the case would be assigned to Judge Matthew Kacsmaryk, an anti-abortion activist that Trump appointed to the federal bench. 

The group argued that the sale of mifepristone violated the Comstock Act, an 1873 law that has been ignored or limited by federal courts for decades. Among other things, the Comstock Act made it "made it illegal to send 'obscene, lewd or lascivious,' 'immoral,' or 'indecent' publications through the mail." It also purports to make it illegal to "mail" a drug that "is advertised or described in a manner calculated to lead another to use or apply it for producing abortion." This is potentially very significant, because "abortion clinics are not manufacturing their own pills; they’re purchasing them from drug companies, pharmacies or getting them in the mail.”

In December 2022, the Department of Justice issued an opinion concluding the Comstock Act  "does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipient of the drugs will use them unlawfully." The Department of Justice relies on a century of legal interpretation wherein "the Judiciary, Congress, and USPS have all settled upon an understanding of the reach of section 1461 and the related provisions of the Comstock Act that is narrower than a literal reading might suggest." 

Nevertheless, Judge Kacsmaryk accepted the Alliance for Hippocratic Medicine's argument that the sale of mifepristone violated the Comstock Act and imposed a nationwide ban. The 5th Circuit reversed the ban but accepted portions of the plaintiff's arguments and imposed burdensome restrictions on mifepristone. (These rulings were ultimately stayed pending appeal.)

The Supreme Court's ruling did not address whether the Comstock Act prohibits the mailing of mifepristone. Instead, the justices issued a narrow ruling finding that the Alliance for Hippocratic Medicine lacked standing to bring the case. Doctors cannot be required to prescribe medication that they oppose on moral grounds. So the members of the Alliance for Hippocratic Medicine did not personally suffer any harm from the availability of mifepristone. 

That means a second Trump administration could still decide to effectively ban mifepristone by reinterpreting the Comstock Act. So Trump's position on this issue is extremely relevant. But, when asked by Time Magazine on April 12, Trump said he had "strong opinions" but refused to answer. He instead promised to issue a statement detailing his position by April 26. 

Do you think women should be able to get the abortion pill mifepristone? 

Trump: Well, I have an opinion on that, but I'm not going to explain. I'm not gonna say it yet. But I have pretty strong views on that. And I'll be releasing it probably over the next week.

Well, this is a big question, Mr. President, because your allies have called for enforcement of the Comstock Act, which prohibits the mailing of drugs used for abortions by mail. The Biden Department of Justice has not enforced it. Would your Department of Justice enforce it? 

Trump: I will be making a statement on that over the next 14 days. 

You will? 

Trump: Yeah, I have a big statement on that. I feel very strongly about it. I actually think it’s a very important issue. 

It has now been 75 days since Trump was asked the question and he has not issued a statement or clarified his position. Now, Trump's campaign is signaling that Trump will never answer the question. "The Supreme Court has unanimously decided 9-0. The matter is settled," a Trump spokesperson said after the Supreme Court ruling. 

But the matter is not settled. Nothing in the Supreme Court ruling prevents Trump from using the Justice Department to block shipments of mifepristone to pharmacies. Trump was asked explicitly if he would do so and promised an answer. 

Trump typically limits his media appearances to friendly right-wing outlets. As a result, Trump has not been asked directly about his views on this issue since April 12. Thursday night's debate on CNN, moderated by Jake Tapper and Dana Bash, is a critical opportunity to get Trump on the record.