Coalition of Lawmakers Support Abortion Pill Lawsuit
A group of 60 lawmakers has submitted an amicus brief backing a lawsuit aimed at restricting the abortion pill, following a request from the Trump administration for a pause in the proceedings, according to early reports from The Daily Signal.
On Friday, 58 Republican senators and representatives, led by Senator Bill Cassidy from Louisiana and Representative Chris Smith from New Jersey, filed this brief to support Louisiana’s initiative to reintroduce the in-person requirement for dispensing the abortion pill.
Louisiana Attorney General Liz Murrill initiated a lawsuit in 2025, contesting a rule from the Biden administration that allows abortion medications to be mailed to women without an in-person consultation with a doctor. A hearing for the case, titled State of Louisiana v. Food and Drug Administration, is set for February 24.
Before the hearing, the Trump administration’s Department of Justice requested a temporary halt to Louisiana’s case against the FDA while the agency conducts a safety review of the abortion drug mifepristone.
“I thank Attorney General Murrill for defending women and children in Louisiana and nationwide. Chemical abortion drugs endanger lives and terminate innocent lives,” said Cassidy, the chair of the Senate Health, Education, Labor, and Pensions Committee. He emphasized the urgency of reinstating safeguards like the in-person dispensing requirement.
The lawsuit was filed alongside allegations from resident Rosalie Markezich, who claims she was pressured by her boyfriend into taking abortion pills that he had obtained from a California doctor. Although Louisiana restricts abortions in most situations, the absence of an in-person requirement allowed these drugs to be acquired via mail from out of state.
GOP lawmakers contend that the Biden administration violated federal law by lifting the in-person dispensing requirement, arguing that these safety measures must be reestablished.
The original Comstock Act declared abortion drugs as “nonmailable matter,” yet the Biden administration allegedly permitted them to be shipped nationwide, according to the amicus brief.
This action, as described in the brief, goes against federal laws established by elected representatives. It also conflicts with state laws against abortion, asserting that abortion regulation should lie with the people rather than unelected officials.
The lawmakers further argue that the Biden administration’s FDA failed to adequately assess the safety risks associated with removing the in-person requirement.
A study conducted by the Ethics and Public Policy Center indicated that 11% of women experience negative health effects—such as sepsis and hemorrhaging—within 45 days of taking mifepristone.
The brief states, “The Biden FDA lacked sufficient evidence to conclude that eliminating in-person dispensing was safe.” Without an in-person visit, women may not be properly screened for serious health issues that contraindicate the use of this medication, like ectopic pregnancies.
Furthermore, it could increase the chances of women being coerced into taking the pills against their will, a concern highlighted by Markezich’s experience.
The amicus brief supports Murrill’s request for preliminary relief and seeks an injunction to suspend the FDA’s 2023 Risk Evaluation and Mitigation Strategy as the lawsuit continues.
Mifepristone is currently the most prevalent method for abortion, accounting for about 63% of all procedures, according to the Guttmacher Institute. However, pro-life groups argue this figure is likely underestimated as it does not account for abortions carried out outside the formal healthcare system.
Murrill has expressed hope that the judge will dismiss the Trump administration’s request to pause her lawsuit aimed at reinstating the abortion pill regulations.
“I am optimistic that the judge won’t entertain the DOJ’s request; they haven’t provided solid reasoning for their position,” she stated.
In the past, a spokesperson for the Justice Department asserted that the agency remains committed to advancing President Trump’s pro-life policies, including those protecting pro-life advocates and centers.
The spokesperson explained that the Department of Justice had simply requested extra time for the FDA to complete its review of mifepristone under its Risk Evaluation and Mitigation Strategy.
It is essential to note that, according to the spokesperson, only the FDA has the authority to evaluate drug safety and enforce necessary precautions, as acknowledged by a unanimous Supreme Court ruling less than two years ago.
