- State Interest in Protecting Potential Life: One constitutional argument that may be used to restrict mifepristone is based on the state's interest in protecting potential life. Some individuals and groups may argue that life begins at conception, and therefore, fetuses have a constitutional right to life under the Due Process Clause of the Fourteenth Amendment or under state laws protecting the rights of the unborn. From this perspective, mifepristone, as a medication used to terminate pregnancies, could be seen as infringing on the rights of the fetus, and restricting its use could be justified to protect the potential life of the unborn.
- State Interest in Promoting Maternal Health: Another constitutional argument that could be used to restrict mifepristone is based on the state's interest in promoting maternal health. Advocates for restrictions on mifepristone may argue that the use of this medication for medical abortion carries risks and complications, and that the state has a legitimate interest in regulating its use to protect the health and well-being of pregnant individuals. This argument could be based on the state's authority to regulate the practice of medicine and protect the health and safety of its citizens, as recognized under the police powers doctrine or other constitutional principles.
- State Interest in Regulating Prescription Medications: A third constitutional argument that may be used to restrict mifepristone is based on the state's interest in regulating prescription medications. Some may argue that mifepristone is a prescription medication that should be subject to government regulation, including restrictions on its use, in order to ensure its safe and appropriate use. This argument could be based on the state's authority to regulate the pharmaceutical industry, protect public health, and prevent the misuse or abuse of prescription medications, as recognized under federal or state laws.