Louisiana Attorney General Liz Murrill has asked the U.S. Court of Appeals for the Fifth Circuit to issue a stay or injunction halting the Biden administration’s order allowing mail-order abortions.
Still in place despite the Trump administration, the order allows abortion pill companies to sell and mail dangerous abortion drugs that kill babies and hurt women to Louisiana.
AG Murrill wants the restoration of the longstanding in-person dispensing requirement for the abortion drug mifepristone, seeking to reinstate safety safeguards while the state’s lawsuit proceeds.
Murrill filed the motion after U.S. District Judge David Joseph placed the case on hold earlier this month. The judge found that Louisiana is likely to succeed on the merits of its claims that federal agencies acted unlawfully in loosening restrictions on the drug but declined to immediately block the pro-abortion policy, instead pausing the case to allow the FDA to complete a safety review of mifepristone.
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“I have asked the Fifth Circuit to stay the Biden Administration’s unlawful removal of the in-person dispensing requirement for mifepristone,” Murrill said. “As the district court concluded, Louisiana is likely to win this case and is suffering irreparable harm. Louisiana will always stand for life.”
The state’s lawsuit challenges the FDA’s 2023 changes, which eliminated the requirement for an in-person medical visit before prescribing mifepristone, the first drug in a two-drug regimen used for medication abortions. Louisiana acted to protect unborn babies and banned abortions in 2022 following the U.S. Supreme Court’s decision overturning Roe v. Wade.
Despite the ban, roughly 1,000 abortions per month are still taking place in Louisiana because of out of state abortion pill sales, largely through mifepristone obtained via telehealth prescriptions and mailed from out-of-state companies breaking the state law protecting babies.
Pro-life advocates have warned that removing the in-person requirement endangers women by bypassing medical oversight for serious complications while allowing the destruction of unborn children without accountability. The motion seeks immediate relief to prevent further harm to mothers and their unborn babies as the appellate court considers the case.
No date has been set for arguments in the Fifth Circuit.
Murrill’s office emphasized that the state is fighting to restore commonsense protections against the FDA’s relaxation of rules governing the distribution of the abortion drug.
