Supreme Court Weighs Emergency Appeals Over Louisiana's In-Person Requirement for Mifepristone
Republican congressional leaders led by Sen. Bill Cassidy, Rep. Chris Smith, Senate Majority Leader John Thune and House Speaker Mike Johnson filed an amicus brief urging the Supreme Court to uphold the 5th U.S. Circuit Court of Appeals ruling reinstating in-person dispensing of mifepristone.
Fox NewsMore than 100 Republican lawmakers filed an amicus brief with the Supreme Court backing Louisiana’s legal fight to restore an in-person dispensing requirement for mifepristone. The brief, led by Sen. ), Rep.
), alleges that Biden-era changes to the FDA’s Risk Evaluation and Mitigation Strategy (REMS) removed the in-person requirement and increase the risk of coercion. S. Circuit Court of Appeals sided with Louisiana and reinstated the in-person dispensing requirement while litigation continues.
Mifepristone manufacturers Danco Laboratories and GenBioPro filed emergency appeals to the Supreme Court over the weekend. The Supreme Court is weighing emergency requests from the manufacturers seeking to pause the 5th Circuit’s order. Danco Laboratories and GenBioPro warned that the lower court ruling is causing immediate confusion and upheaval across the country.
The Supreme Court temporarily blocks ruling on abortion pill, restores wider access. Activists demonstrated outside the Supreme Court on Jan. 24, 2024. At the center of the brief are specific cases cited by the lawmakers.
Plaintiff Rosalie Markezich says her boyfriend ordered mifepristone from a California doctor and coerced her into taking it. The brief states that had Rosalie Markezich visited a doctor in person, her boyfriend would never have been able to obtain the drugs he made her take. A Louisiana mother allegedly obtained abortion pills online for her teenage daughter, leading to a medical emergency.
A man was accused of administering abortion drugs to a pregnant woman without her knowledge. Lawmakers argue such incidents are more likely without face-to-face medical screening. The brief further contends the FDA overstepped its authority by allowing abortion drugs to be distributed through the mail.
The policy conflicts with the Comstock Act, which prohibits mailing items designed, adapted, or intended for producing abortion. The FDA relied on insufficient safety data when it removed the in-person requirement. The FDA weakened adverse-event reporting standards.
Eliminating in-person visits prevents doctors from screening for ectopic pregnancies. Louisiana lawmakers approved a bill on May 23, 2024, classifying two abortion-inducing drugs as controlled and dangerous substances. Sen.
Bill Cassidy stated: "Chemical abortion drugs kill innocent children and put mothers’ lives at risk. Safeguards protecting against coercion, such as the in-person dispensing requirement, must be reinstated immediately. " Rep.
Chris Smith argued the drug poses serious risks, citing claims that more than one in 10 women experience complications such as infection or hemorrhaging. A study finds the abortion pill has severe adverse effects for 1 in 10 women. Senate Majority Leader John Thune stated: "There are legitimate concerns about these drugs putting women and girls at significant risk.
U.S. Supreme Court on June 24, 2022, following the overturning of Roe v. Wade.
Fox News reported these details from the amicus brief and related court actions. Jasmine Baehr is a Breaking News Writer for Fox News Digital.
Key Facts
Story Timeline
4 events- 2026-05-07
Supreme Court weighing emergency requests from mifepristone manufacturers to pause 5th Circuit order as more than 100 Republican lawmakers file supporting amicus brief
1 sourceFox News - 2024-05-23
Louisiana lawmakers approved bill classifying two abortion-inducing drugs as controlled substances
1 sourceFox News - 2024-01-24
Activists demonstrated outside the Supreme Court
1 sourceFox News - 2022-06-24
Anti-abortion activists held signs outside Supreme Court following overturning of Roe v. Wade
1 sourceFox News
Potential Impact
- 01
Disruption to current mail-order system relied upon for years by providers, pharmacies and patients
- 02
Further legal precedent on FDA authority regarding REMS changes and Comstock Act application to abortion drugs
- 03
Potential nationwide reinstatement of in-person dispensing requirement for mifepristone if Supreme Court affirms 5th Circuit
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