Advancing American Freedom led a coalition of 49 other amici in filing two amicus briefs at the Supreme Court in Louisiana v. FDA, a case in which the state of Louisiana is challenging the FDA’s 2023 rule change allowing mifepristone, the chemical abortion drug responsible for 60% of all abortions, to be prescribed without an in-person visit to the doctor.
Rosalie Markezich, a Louisiana woman, did not want an abortion. Yet, since the FDA no longer requires women to meet with a medical professional to obtain a mifepristone prescription, her then-boyfriend was able to obtain chemical abortion drugs from a California abortionist through the mail. He then coerced Roselie into taking the abortion pill.
On Friday, May 1, the United States Fifth Circuit Court of Appeals, recognizing that Louisiana was likely to succeed in the case, issued a ruling pausing the FDA’s illegal 2023 mail-order abortion rule until the courts make a final decision in this case. Over the weekend, two of the abortion drug manufacturers appealed to the Supreme Court asking it to vacate the Fifth Circuit’s stay. On Monday, May 4, Justice Alito granted an administrative stay of the Fifth Circuit’s decision for one week so the court could consider the parties’ arguments.
Abortion is always dangerous. But when women or abusive boyfriends can obtain dangerous abortion drugs without critical health screenings or confirmation of the woman’s consent, women and the unborn are at even greater risk. The Fifth Circuit was correct that abortionists should not be able to disregard the laws of pro-life states. We urge the Court to uphold the Fifth Circuit’s stay of the mail-order abortion rule.
“Throughout American history, pro-life states like Louisiana have sought to protect the unborn and women from the harm of abortion. But the FDA’s 2023 rule allowing chemical abortion by mail effectively undermines that authority,” said AAF General Counsel J. Marc Wheat. “We urge the Supreme Court to uphold the Fifth Circuit’s stay so that pro-life states can protect women and the unborn from out-of-state abortionists while this litigation proceeds.”