In a recent legal maneuver, the state of Louisiana has requested the U.S. Supreme Court to uphold an order from the U.S. Court of Appeals for the 5th Circuit, which prohibits the mailing of mifepristone, a drug commonly used in medication abortions. This appeal is part of ongoing litigation in Danco Laboratories v. Louisiana and GenBioPro v. Louisiana, cases involving pivotal issues related to abortion access post the Dobbs decision.
The controversy over mifepristone mailing stems from the Biden administration’s efforts to broaden its accessibility during the COVID-19 pandemic, a move criticized by Louisiana as an attempt to subvert the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The 5th Circuit previously upheld parts of a district court’s decision to roll back the FDA’s 2016 and 2021 expansions of mifepristone use without in-person prerequisites, a ruling now temporarily paused by Justice Samuel Alito for Supreme Court reconsideration.
Louisiana asserts that the mailing of mifepristone results in approximately 1,000 illegal abortions monthly within the state, highlighting the conflict between federal allowances and state law. The state also sustains that their ability to enforce state laws is undermined, invoking claims of state sovereignty and financial injury to support its legal standing.
The drug manufacturers, Danco Laboratories and GenBioPro, have contested Louisiana’s position, arguing that the 5th Circuit’s rationale allows undue state interference in federal agency actions, emphasizing the need for the existing status quo until the FDA completes its review of mifepristone’s safety. Louisiana, in its detailed brief, urges that if the injunction is lifted, the judicial process itself should provide necessary relief against purported harms.
This filing is yet another chapter in legal disputes concerning abortion access in the United States. The Supreme Court is expected to deliberate on this matter shortly before the expiration of Alito’s temporary order, putting nationwide abortion access policies once again in the judicial spotlight. For further insights into this legal development, refer to the original coverage by SCOTUSblog here.