Mainstream Media is Failing Us

5.6.25

Click to skip ahead: Media Fails calls out the dangerous coverage of Trump and mifepristone. Texas Update has the latest on Republicans’ Trojan Horse legislation. Meet the Creeps is all about Josh Hawley. In the Nation features a video segment on fetal personhood. Finally, a Housekeeping Note with important info on Substack notifications and how you get Abortion, Every Day.

---

Media Fails

Americans are being failed by mainstream media outlets right now. I don’t know another way to put it. I’ve spent today sifting through headlines and articles about the Trump administration’s move on mifepristone—dumbfounded that outlet after outlet is buying the Republican spin.

So let’s be clear: The Trump administration is not defending mifepristone. And no, the Department of Justice is not fighting for abortion pill access—despite what the headlines say.

If you missed yesterday’s newsletter, here’s the short version: Under the Biden administration, the attorneys general of Kansas, Missouri, and Idaho brought a legal challenge against the FDA over mifepristone regulations. The Republican AGs cited anti-abortion junk science to claim mifepristone is dangerous, and demanded the FDA roll back access of the drug.

The Biden administration fought back, and the assumption was that once Trump took office, the White House would drop the case. After all, they’re anti-abortion!

So when the Trump DOJ asked a court yesterday to dismiss the suit against the FDA, people were surprised—and we ended up with all these headlines about the White House defending mifepristone.

But here’s the thing: The Trump administration didn’t ask the court to dismiss the suit on the merits—meaning, they didn’t argue that the junk science claims against abortion medication were wrong. Instead they asked the court to dismiss the case on standing. In other words, they want the court to rule that the three states don’t have the authority to sue.

When I wrote about this yesterday, I said it looked like an attempt to game the press. The Trump administration knows that voters overwhelmingly support abortion access—so they ask for dismissal on standing, get glowing headlines, and never have to actually dispute the fake science at the heart of the case.

But there’s more to it. As I laid out this morning on Twitter/Bluesky/Threads, this isn’t just about good optics—it’s a legal strategy. The Trump DOJ is trying to establish a precedent that states don’t have the authority to challenge FDA rules. That way, when the Trump FDA restricts or bans abortion medication, pro-choice states won’t be able to fight back.

That’s why today’s coverage is so maddening. Not only is the Trump administration not defending mifepristone—they’re laying the legal groundwork to attack it even more aggressively.

That said, thank goodness for reporters like The Guardian’s Carter Sherman—who is restoring my faith in journalism. Sherman spoke to Boston University law professor Nicole Huberfeld today, who relayed the same concern I have:

“They’re basically saying that the states don’t get to just challenge FDA policy because they want to. Which, in my view, is a set-up for anticipating that blue states may try to challenge any changes on mifepristone rules.”

And remember: It was just a week ago that we saw similar headline fuckups around new FDA chief Marty Makary. Mainstream political publications said Makary promised not to target mifepristone; what he actually said was that he’d consider restricting the pills if “new data” showed they were dangerous. Right on cue, anti-abortion groups released a bogus new study a few days later.

Really think about what this means. If you relied solely on mainstream outlets for your news, you would believe that 1) the new FDA chief said access to the pills is safe, and 2) that the Trump administration is defending abortion pills in court.

You’d have no idea that the White House is building a legal argument to block pro-choice states from challenging abortion pill bans, and no clue that Republicans are already using fake data to justify new restrictions on the medication. (Because for whatever reason, there’s still been no major national coverage on that bogus study!)

This is why it’s so important that we’re spreading the word right now about all of it. We’re in a moment when mis- and disinformation is everywhere—particularly about abortion. And it’s clear that we can’t count on most outlets to debunk the bullshit or hold Republicans to account. That means it’s up to us.

I made a video laying out what’s actually happening that you can find on Instagram, or below. (I also put something on TikTok, but the platform is burying abortion content lately.) Please share it, steal it, or make your own.

jessicavalenti

A post shared by @jessicavalenti

I’ve said this before, but it’s worth repeating: We also really need to get the word out about this fake study. So please, hit up your social networks, communities—where ever you can.

---

Do you rely on Abortion, Every Day? Well, we rely on you too! Reader support keeps this newsletter going, so if you haven’t upgraded your subscription yet—please do it tonight:

---

Texas Update

While we’re talking about Republican trickery, let’s touch base again on Texas. A few days ago, I told you about Senate Bill 2880—another Trojan Horse bill:

Texas Republicans Move to Prosecute Abortion Patients & Criminalize Travel

After Republicans were unable to revive a 1925 abortion ban in a different piece of legislation a few weeks ago, lawmakers are now trying to do the same thing in SB2880. Why do they want to bring back this 100-year-old ban so badly? Because it would massively expand the power of Texas Attorney General Ken Paxton, clearing the way for the prosecution of abortion patients and anyone who helps them—whether it’s an abortion fund, a husband, or a clergy member.

As I pointed out last week, if Paxton had the power of the 1925 law on his side, he could have arrested Kate Cox—the Texas mother who had to flee the state for care when she found out her pregnancy was dangerous and doomed. In fact, any patient who leaves the state for abortion could be brought up on charges; so could the family members who drove them there, the friend who lent them money, and the organization who booked their hotel room.

Bolts magazine does a deep dive into the bill today, reporting that Democrats are raising the alarm about Republicans’ true intentions. Texas Sen. Molly Cook said, “You get on the mic saying this is not a travel ban—we don’t believe you.”

I’ll keep you updated on this one as I find out more. And remember: Texas is a testing ground for the rest of the country, so this matters no matter where you live.

Meet the Creeps

U.S. Sen. Josh Hawley is wasting no time attacking abortion medication, weaponizing the fake study published by Ethics and Public Policy Center (EPPC). Last week, Hawley wrote a letter to FDA head Marty Makary, urging him to restrict the medication. But that wasn’t enough.

Today, the senator from Missouri—who also happens to be married to one of the nation’s leading anti-abortion lawyers—introduced legislation to restrict mifepristone.

The “Restoring Safeguards for Dangerous Abortion Drugs Act” mandates that the FDA restore pre-2016 rules on mifepristone, which would roll back how far into pregnancy the pills can be used, limit who can prescribe the medication, and restore requirements for in-person visits. (Aka, ban telehealth abortion medication—which accounts for 1 in 5 American abortions.)

The bill would also allow those who say they were harmed by abortion pills to sue anyone who ships the medication, and would ban the shipment of mifepristone into the country—by anyone. Hawley—again, whose wife is a major player in the anti-abortion movement—knows that quite a lot of abortion pills are manufactured outside of the U.S.

Sen. Creep claims that he’s simply trying to protect women "after a bombshell study revealed the truth about mifepristone.” In a statement, Hawley says, “the FDA needs to act to protect women now." As if he gives a shit.

It’s that feigning of care for women that makes me angriest. Just be honest about what this is truly about! You want to control women—say it out loud.

In the Nation

I’ve just started law professor Mary Ziegler’s new book, Personhood: The New Civil War over Reproduction—and I’m excited that she’ll join me in an Abortion, Every Day livestream next month. (I can’t imagine a more timely book on a more terrifying topic.) Until then, check out her interview on MSNBC—her appearance starts around minute 6:30.

Housekeeping Note

Substack is updating its notification settings!

Here’s how to make sure you keep getting Abortion, Every Day in your inbox:

Go to your Substack Settings and make sure your Notifications are set to Prefer email.

Substack’s been pushing the app a lot lately (fair enough!), but I’ve heard from too many readers who stopped getting emails entirely after downloading it—sometimes without realizing their settings changed. A quick spot check now can save a lot of confusion later.