Yesterday a federal district court found abortion drug coercion survivor Rosalie Markezich and the State of Louisiana have standing in their lawsuit against the U.S. Food and Drug Administration (Louisiana v. FDA) and are likely to succeed on the merits.
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The court also determined Louisiana is suffering irreparable injury from the COVID-era policy of allowing deadly abortion drugs to be sent in the mail, violating their laws, and ordered the FDA to provide a status report and any updated time frame for its promised safety review of mifepristone in no more than six months from the ruling date.
The court found that Markezich’s and Louisiana’s harm were direct consequences of the Biden administration’s mail-order scheme:
There is evidence that the consequences of this action were predictable – out-of-state providers and related entities would expand access to mifepristone in ways designed to reach into jurisdictions like Louisiana.
The State of Louisiana, led by Attorney General Liz Murrill, and abortion drug coercion survivor Rosalie Markezich sued the FDA to block Biden’s mail-order abortion drug rule for harming women, ending the lives of countless unborn children, and undermining efforts by states like Louisiana to enforce protective pro-life laws. In January, the DOJ attempted to dismiss Rosalie’s case claiming both the state and a survivor of abortion drug violence lack standing and are not suffering ongoing harm. The lawsuit is one of several cases brought by pro-life states that the Trump-Vance DOJ has asked to dismiss.
District Judge David C. Joseph further wrote:
…the stay granted to FDA will not remain open-ended. FDA has an obligation to act with all deliberate speed to review its past actions and complete a thorough analysis that addresses the deficiencies it has acknowledged. The parties and the American public deserve nothing less. Should the agency fail to complete its review and make any necessary revisions to the REMS within a reasonable timeframe, the Court’s analysis – and the weight accorded to these factors – will inevitably change.
SBA Pro-Life America President Marjorie Dannenfelser issued the following statement:
“Despite the DOJ’s claims, the court ruled that both Rosalie and the state of Louisiana are clearly harmed by Biden’s reckless COVID-era mail-order abortion drug policy, giving them every right to bring this lawsuit. This ruling comes after the DOJ has repeatedly tried to get states’ challenges to the policy dismissed, even while online abortion drug vendors flagrantly violate state laws and send women and girls to emergency rooms across the country. The Trump-Vance administration should stand with Louisiana and other states to enforce their laws and protect women and unborn children, rather than defending Biden’s disastrous COVID-era policies.
“We hope to see justice delivered swiftly for countless women like Rosalie, coerced into abortions they didn’t want because their abusive partners were able to order abortion drugs online. It is urgent that the FDA complete its promised safety study on these drugs, but this study also should not delay commonsense action: Deadly abortion drugs do not belong in the mail with no in-person doctor visit, no ultrasound, no meaningful medical oversight and no accountability.
“The administration’s choice to fight against survivors, the states, and their own base means they will be back in court to explain their timeline directly in the lead-up to midterm elections. It would be far better to do what is right and bring back safety standards the majority of Americans support without being forced by the courts.”
Peer-reviewed research found three quarters of ER visits within 30 days after abortion drug use were coded as severe or critical. Two separate, independent studies also found more than 1 in 10 women experience at least one severe adverse event. Complications can include hemorrhaging, infection, sepsis, and even death.
