Louisiana urges Supreme Court to block abortion pills sent by mail
WASHINGTON— Louisiana state attorneys on Thursday urged the Supreme Court to step aside for now and support an appeals court ruling that would stop abortion pills from being mailed nationwide.
They accused former President Biden of undermining the state’s strict bans on abortion and the Trump administration of slow-walking a study of federal regulations allowing pills to be sent through the mail.
Judges are expected to act soon on emergency appeals from two mifepristone manufacturers. They argued that the pills have been shown to be safe and effective for ending early pregnancy.
But last week, the conservative 5th Circuit Court of Appeals in New Orleans ruled in favor of Louisiana, reinstating an earlier regulation requiring women to get the pills in person from a doctor.
The three-judge panel also took the unusual step of putting its decision into effect immediately. On Monday, Judge Samuel A. Alito, who oversees the 5th Circuit, issued an administrative stay that would delay the case until Monday.
The justices must decide whether Louisiana has the right to sue over federal drug regulations and, if so, whether the justices have the authority to overrule the Food and Drug Administration.
Two years ago, the Supreme Court rejected a similar challenge to abortion pills from the 5th Circuit by a 9-0 vote. And Chief Justice John G. Roberts has said in the past that justices should generally appeal to the federal agency responsible for regulating drugs.
In response to anti-abortion advocates, Trump’s Health and Human Services Secretary Robert F. Kennedy Jr. agreed to have the FDA review mifepristone’s safety records.
It was approved as safe and effective for terminating early pregnancies in 2000. Over the past decade, the agency has relaxed previous restrictions, including a requirement for pregnant women to go to a doctor’s office to get pills.
But the FDA said last month that its review was not yet complete.
In October, Louisiana Atty. Gen. Liz Murrill decided to bypass FDA review and went to federal court to get an order that would block the pills from being sent through the mail.
A federal judge declined to rule on the issue while the FDA conducts its review. But the 5th Circuit chose to act now. Louisiana state attorney turns focus to Biden administration.
Supreme Court, Roe vs. “The Biden Administration was predictably preparing a plan to undermine this decision,” he wrote in his Thursday response, considering Wade and the Dobbs case that invalidated abortion rights.
“Although Louisiana law generally prohibits abortion and the dispensing of mifepristone to pregnant women, out-of-state prescribers, who are exempt from the requirement to administer medication in person, mail FDA-approved mifepristone into the state, resulting in approximately 1,000 illegal abortions in Louisiana each month,” he said.
The Trump administration has not yet expressed its views on this case to the court.
