Summary
When the Biden administration removed the safeguard of in-person dispensing for the abortion drug mifepristone, it intentionally opened the door for out-of-state pro-abortion activists and doctors to mail streams of high-risk abortion drugs into pro-life states. Louisiana, which has chosen to protect the lives of unborn babies, and Rosalie Markezich, a Louisiana woman coerced into taking abortion drugs that her boyfriend obtained via mail from a doctor in California, are suing the U.S. Food and Drug Administration for unlawfully approving this reckless mail-order abortion-drug scheme.
Case Timeline
- June 2022: The Supreme Court overturns Roe v. Wade in Dobbs v. Jackson Women’s Health Organization. Louisiana’s pro-life laws immediately go into effect following that decision.
- January 2023: The Biden FDA permanently removes the in-person dispensing requirement from the Mifepristone Risk Evaluation and Mitigation Strategy, making abortion drugs available by mail.
- October 2023: Rosalie Markezich is coerced into taking abortion drugs in pro-life Louisiana after her then-boyfriend ordered abortion drugs from a doctor in California.
- October 2025: Alongside ADF attorneys, the State of Louisiana and Rosalie sue the FDA in the U.S. District Court for the Western District of Louisiana, Lafayette Division for its 2023 actions.
- April 2026: A federal district court upholds Louisiana’s ability to challenge the FDA, also adding that it is likely to succeed on the merits of the case. However, the court also puts the case on hold while the FDA conducts a safety study on mifepristone. ADF and Louisiana appeal to the U.S. Court of Appeals for the 5th Circuit.
- May 2026: The 5th Circuit ruled in Louisiana’s and Rosalie’s favor, putting a nationwide hold on the FDA’s regulation allowing mifepristone to be prescribed online and mailed. Drug manufacturers Danco Laboratories and GenBioPro sought emergency relief from that ruling at the U.S. Supreme Court. Sadly, the Court issued an order that allows high-risk abortion drugs to continue flowing into pro-life states while the state of Louisiana and ADF attorneys litigate the case back at the 5th Circuit.
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