High Court Declines Emergency Block in Louisiana Case, Moves Case to 5th Circuit
WASHINGTON — The U.S. Supreme Court on Thursday declined to immediately block the Biden administration’s mail-order abortion drug policy, allowing high-risk abortion pills to continue being shipped into pro-life states while litigation proceeds.
The Court’s order keeps in place the FDA’s decision to remove the in-person dispensing requirement for mifepristone, the first drug in a two-drug regimen used for chemical abortions. The ruling comes in the case State of Louisiana v. U.S. Food and Drug Administration.
“We are disappointed by this decision that allows the FDA and the abortion industry to continue nullifying Dobbs and its promise to return the issue of abortion to the people,” said Erin Hawley, counsel for Alliance Defending Freedom (ADF). “It’s high time the Biden FDA be held accountable for the destruction it has caused with this high-risk drug. Together with Louisiana Attorney General Liz Murrill’s office, we look forward to litigating our appeal at the 5th Circuit to protect mothers and their children.”
Louisiana and ADF attorneys are challenging the FDA’s actions on behalf of the state and Rosalie Markezich, a Louisiana woman who says she was coerced into taking abortion drugs mailed from out of state.
Background on the Lawsuit
When the Biden administration eliminated the safeguard requiring in-person medical supervision for mifepristone, critics argue it effectively enabled a nationwide mail-order abortion pipeline. Pro-life states like Louisiana, which protect unborn children under state law following the 2022 Dobbs decision, say the policy undermines their authority and endangers women.
The lawsuit contends that the FDA unlawfully approved the expansive mail-order scheme. According to court filings, the policy has allowed out-of-state abortion providers to ship the drugs directly to women in states that have restricted or banned elective abortions.
Rosalie Markezich’s case highlights the personal impact. Her complaint alleges she was coerced by her boyfriend, who obtained the drugs via mail from a California doctor, raising concerns about pressure, lack of medical oversight, and potential complications from the high-risk medication.
Mifepristone is part of a regimen with misoprostol. The drugs can cause significant bleeding and cramping, and medical experts have documented cases of incomplete abortions, infections, and other complications, especially when used without direct physician supervision.
Next Steps
The Supreme Court’s temporary decision allows the case to move forward at the U.S. Court of Appeals for the 5th Circuit. Louisiana and ADF plan to continue arguing that the FDA exceeded its authority and failed to adequately consider safety risks when expanding access to the abortion drug.
Pro-life advocates view the case as critical for enforcing state laws post-Dobbs and holding federal agencies accountable for policies that they say prioritize abortion access over women’s health and federalism principles.
Thrive News will continue to monitor developments in this case and the 5th Circuit appeal.
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