Over 100 Republican lawmakers urge SCOTUS to reinstate abortion pill protections

A group of over 100 Republican lawmakers are calling on the Supreme Court to allow the Fifth Circuit Court of Appeals' pause on mail-order abortions to remain in place.

Key Takeaways:

• The Fifth Circuit Court of Appeals ruled in favor of Louisiana and paused the FDA's 2023 REMS that allowed mail-order abortions.

• The Supreme Court issued a temporary stay blocking that decision.

• A group of over 100 Republican lawmakers have signed onto an amicus brief asking the Supreme Court to reinstate safeguards for mifepristone, also known as the abortion pill.

The Backstory:

The state of Louisiana filed a lawsuit against the Food and Drug Administration (FDA) asking for a "stay" on the FDA's 2023 Risk Evaluation and Mitigation Strategy (REMS), which allowed abortion pills to be sent through the mail.

Since being approved in 2000, the REMS safety protocol for mifepristone has been gradually weakened. Originally, mifepristone was limited to just seven weeks and required an in-person doctor's visit to obtain; in addition, all adverse events had to be reported. Over time, mifepristone was approved through 10 weeks, non-fatal adverse events were no longer required to be reported, and women no longer needed to see a doctor in-person.

By 2023, under the Biden administration, abortion pills were allowed to be sent through the mail and dispensed in retail pharmacies.

Alliance Defending Freedom (ADF) represented the State of Louisiana and Rosalie Markezich (a woman coerced to abort) as co-plaintiffs in the lawsuit, which sought to undo the FDA's allowance of mail-order abortions. The Fifth Circuit Court of Appeals ruled in Louisiana's favor, finding:

• "FDA’s justifications for remotely dispensing mifepristone were based on flawed or nonexistent data." 

• "The new regulation had resulted in numerous illegal abortions in Louisiana and in Louisiana paying thousands in Medicaid bills for women harmed by mifepristone."

The Supreme Court almost immediately issued a temporary stay; however, at the request of abortion pill manufacturer Danco Laboratories (on behalf of additional defendants, including the FDA and the generic pill maker GenBioPro). The stay will expire on May 11, pending any further action from the Supreme Court.

The Details:

Over 100 Republican lawmakers filed an amicus brief in support for Louisiana's lawsuit to the Supreme Court. The brief urged the Supreme Court to reinstate previous REMS for mifepristone, eliminating the ability to order abortion pills through the mail.

“I am grateful to my home state of Louisiana for leading the effort to defend women and babies in our state and across the country. Chemical abortion drugs kill innocent children and put mothers’ lives at risk," Senator Bill Cassidy, chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, said in a press release. “Safeguards protecting against coercion, such as the in-person dispensing requirement, must be reinstated immediately. The Fifth Circuit got this right, and I urge the Supreme Court to affirm that decision.”

Representative Chris Smith, co-chair of the Congressional Pro-Life Caucus, said the safeguards are needed to protect the lives of both women and their preborn children.

In an effort to subvert the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization—which empowered pro-life lawmakers, both federal and state, to create legislation that protects both unborn babies and their mothers—Biden’s radical, pro-abortion FDA completely overstepped its authority and removed mifepristone’s in-person dispensing requirement.

The Biden FDA’s reckless decision, which has led to the mass proliferation of this baby poison pill, placed extremist pro-abortion ideology above medical due diligence. Mifepristone is extremely dangerous to women—in fact, more than one in ten women who take the chemical abortion drug experience sepsis, infection, hemorrhaging, or another serious adverse event within 45 days.

Without the in-person dispensing requirement, women are being mailed this dangerous drug, absent any real interaction with a medical professional and without proper screening for contraindications, coercion, or other serious health concerns. The Fifth Circuit Court recognized and affirmed these glaring concerns, and I am hopeful that the Supreme Court will uphold the lower court’s decision and protect mothers and their babies.

The brief points to several cases of women forced to take abortion pills without their knowledge or consent, including that of Markezich, and argues that if women were required to get abortion pills from a doctor in person, these cases would be near-impossible.

“There are legitimate concerns about these drugs putting women and girls at significant risk,” Senate Majority Leader John Thune said. “I urge the Supreme Court to reinstate the safety guardrails that were in place before the Biden administration while the Department of Health and Human Services reviews these drugs.”

Lila Rose, founder and president of Live Action, applauded the brief and called for the Supreme Court to take action quickly:

The abortion pill has killed over seven million preborn American children since it was approved by the FDA. Mifepristone is designed to end the life of a living child in the womb, and the consequences have been devastating for women as well. There are horrifying cases of women being deceived, coerced, and drugged with abortion pills against their will.

Catherine Pressly Herring’s husband secretly put abortion drugs into her drink in an attempt to kill their preborn baby and was sentenced to prison. America should never allow dangerous abortion drugs to be mailed into homes and abusive relationships. The Supreme Court must act quickly to affirm the Fifth Circuit ruling and end mail-order abortions.

The Bottom Line:

Even if the Supreme Court does ban mail-order abortions, it is only a first step. Ultimately, women and preborn children deserve better than being subjected to the dangers of the abortion pill, which should be taken off the market for good.