The State of Louisiana and our friends at Alliance Defending Freedom are waging an ongoing legal battle over the abortion drug mifepristone in federal court.
In 2022, the U.S. Supreme Court overturned Roe v. Wade. As a result, abortion is prohibited in states like Arkansas except to save the life of the mother, and it is against the law to mail abortion drugs into many states.
But under President Biden, the U.S. Food and Drug Administration adopted rules that let abortionists send abortion drugs like mifepristone through the mail.
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Pro-abortion lawmakers in other states have also enacted “shield laws” to prevent abortionists from being held accountable when they mail abortion drugs into states like Arkansas.
To make matters worse, the U.S. Department of Justice has opposed federal lawsuits from pro-lifers who want to stop mail-order abortion in their states.
All of this has created a dangerous industry of abortion-by-mail both in Arkansas and across the nation.
But the State of Louisiana has filed a lawsuit challenging the U.S. Food and Drug Administration’s mail-order abortion rules, and that legal challenge is before the 5th Circuit Court of Appeals.
The case has moved back in forth in federal court all year.
In April, a federal district court upheld Louisiana’s ability to challenge the FDA and said that Louisiana is likely to win the case, but the court did not immediately block mail-order abortion drugs.
On May 1, a three-judge panel from the 5th Circuit Court of Appeals blocked the FDA’s abortion drug protocols while the lawsuit moves forward. The ruling would have reinstated the requirement that mifepristone be dispensed in-person instead of through the mail.
But almost immediately, two abortion drug manufacturers asked the U.S. Supreme Court to let mail-order abortion drugs continue until the lawsuit is resolved. On May 14, the Court issued a stay that lets abortion-by-mail continue while Louisiana’s case proceeds.
In the meantime, Louisiana has continued to pursue its case in federal court. Oral arguments in the state’s lawsuit against the FDA are happening today.
On June 18, Family Council joined other pro-life organizations in an amicus brief arguing the court should side with Louisiana and block abortion drugs from being delivered by mail.
The amicus brief points out that states have the authority to restrict or prohibit abortion, and the FDA’s abortion rules run afoul of state and federal laws.
Family Council is also encouraging everyone to take two simple steps to help oppose chemical abortion drugs:
The first is to send a message asking Congress to support the Safeguarding Women from Chemical Abortion Act.
The second is to ask the federal government to stop letting abortionists deliver abortion drugs through the mail.
The Safeguarding Women from Chemical Abortion Act by Senator Josh Hawley (MO) and Representative Diana Harshbarger (TN) would withdraw the FDA’s approval of mifepristone. This would remove the abortion drug from the market nationwide.
The bill would also provide a private right of action letting women sue the drug’s manufacturers if they are harmed by the abortion drug.
You can ask your congressmen and senators to co-sponsor the Safeguarding Women from Chemical Abortion Act by clicking here.
Passing and enforcing the Safeguarding Women from Chemical Abortion Act could take several months. That’s why we are also asking Arkansans to contact their leaders in Washington, D.C., and urge them to reverse the federal government’s policy that permits mail-order abortion.
Pro-lifers can ask Congress and the Trump Administration to reverse the FDA’s mail-order abortion policy by visiting abortioncrimebymail.com today.
Abortion drugs like mifepristone are dangerous. These drugs hurt women, and they kill unborn children.
Research from the Ethics and Public Policy Center shows 11% of women experience serious health complications from abortion pills — including sepsis, infection, and life-threatening hemorrhage.
These drugs should not be available at all — much less through the mail without an in-person visit with a doctor.
Our federal government needs to recognize how serious this issue is and take immediate steps to protect Americans from these abortion drugs. That is why we hope all pro-lifers will contact their leaders today. Ask them to support the Safeguarding Women from Chemical Abortion Act and reverse the FDA’s mail-order abortion policy.
LifeNews Note: Jerry Cox is the president of the Arkansas Family Council.
