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Page H2From§Eachthe noon edition — 2 October 2026

Washington Examiner reports medical groups built national abortion access from laws already on the books.

“Think abortion is banned in your state? Medical groups just built the legal workaround”, 2 October 2026 (Photo via Washington Examiner — the original report)

As it ran on the front

Thirteen states now hold total or near-total abortion bans, the receipts call it a monumental statutory win for the side that spent decades building it. The chief looks at the parts list left behind by the court's ruling and assigns the job: find what Dobbs did not touch, and build with it.

On September 14, Massachusetts enacted a law legalizing abortion through birth, one state settling the question only inside its own line. The approval they are suing over was still in force the day they filed it.…

…(cont) Four days after that, on September 28, a Nevada abortion rights group opened a $1 million ad campaign for a ballot measure writing abortion protection into the state constitution, stacking a second layer onto the 24-week legal window Nevada voters had already set in 2024, 64 percent in favor. The planner studies the assembly taking shape: a federal drug approval, a telehealth line, a ballot campaign — none of it invented this year, all of it already on the books before the bans were.

Eighteen days after Massachusetts acted, on October 2, the Washington Examiner published its own accounting: across the thirteen-state ban landscape, medical groups have assembled interstate shield laws, the standing FDA approval of mifepristone, and telehealth prescribing into a workaround that functions, right now, as abortion access inside states that banned it. The tinkerer built the mechanism from exactly these parts, nothing filed with any legislature, just authority that already existed, wired together.

The muscle goes first, and the job is simple: the bans were built to stand alone, and they do not reach a drug approval issued in Washington, a prescription written across a state line, or a shield law passed somewhere that never banned anything. The pilot's job is simpler still — get the prescription to the patient on the other side of that line. The FDA has not withdrawn its approval of mifepristone. One group has asked it to. The approval remains dated, filed, standing, doing the same work it was approved to do before the first ban took effect.

“They spent fifty years getting thirteen legislatures to pass a ban, and it turns out the FDA approval they never touched and a phone line across a state border do the job the ban was supposed to stop. That's the con — pass the law, let the cameras roll, and leave every federal tool standing that makes the law decorative. Somebody's kid still gets the prescription; the only thing that changed is who had to drive farther to get it.”
Sal
“These are state laws, duly passed, reflecting the will of the people in thirteen states — and if doctors in other states want to mail a federally approved pill across state lines to get around that will, well, that's... actually that's exactly what we said would happen, we called it a loophole at the time. Did I say duly passed? I meant under siege.”
Chip

The receipts

Think abortion is banned in your state? Medical groups just built the legal workaround
Washington Examinerright§

In the years following the Dobbs v. Jackson Women’s Health Organization decision, the landscape of American reproductive healthcare has undergone a profound structural shift. For policymakers and advocates who spent decades working toward state-level restrictions, the implementation of total or near-total bans in 13 states represents a…

· Massachusetts just legalized abortion through birth. Nobody wants to say so from the morgue, 14 Sep 2026

· Nevada abortion rights group launches $1M campaign on ballot measure from the morgue, 28 Sep 2026

· Anti-abortion group threatens to sue FDA over mifepristone from the morgue, 24 Sep 2026

This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.