Louisiana Attorney General Liz Murrill and Catherine Herring, a Louisiana woman who survived abortion pill poisoning, have filed a lawsuit against the U.S. Food and Drug Administration (FDA) to challenge the Biden administration's mail-order permissions for mifepristone, a drug used in abortions. The lawsuit seeks to end what the plaintiffs describe as illegal distribution practices that they argue endanger women and unborn children.

Louisiana has established itself as one of the most pro-life states in the U.S., enacting strict prohibitions on both surgical and chemical abortions. In 2024, the state reclassified mifepristone as a controlled dangerous substance and passed legislation aimed at safeguarding women from abortion pill poisoning. This legal action underscores the state's commitment to protecting life and addressing concerns surrounding the use of abortion drugs.

"The distribution of mifepristone by mail is linked to numerous losses of unborn life and ongoing medical emergencies for women in Louisiana."

— Liz Murrill, Louisiana Attorney General

Case of Catherine Herring

The lawsuit highlights the case of Catherine Herring, who, along with her unborn daughter Josephine, survived an attempted poisoning with mifepristone. Herring's ex-husband allegedly drugged them with the medication, which he had obtained from Mexico. They were saved due to abortion pill reversal treatment, which is designed to counteract the effects of mifepristone when administered promptly.

Allegations Against the FDA

The lawsuit also brings attention to Rosalie Markezich, a Louisiana resident who reportedly fell victim to the FDA's mail-order abortion scheme in October 2023. Markezich's boyfriend allegedly coerced her into taking mifepristone, which he ordered from an out-of-state doctor. Despite her initial desire to continue the pregnancy, Markezich felt immense pressure and ultimately ingested the drug. Following the ingestion, she experienced severe physical pain, heavy bleeding, and emotional trauma.

The lawsuit claims that Markezich's experience is not isolated; state doctors and pregnancy centers have reported numerous cases of women suffering from side effects related to the abortion drug regimen, which accounts for thousands of abortions in Louisiana each year. Research indicates that approximately 70% of abortions may be unwanted, coerced, or inconsistent with the mother's values, raising concerns about the circumstances under which these drugs are administered.

The lawsuit notes that a California doctor who prescribed the drugs involved in Markezich's case faces an arrest warrant for his alleged role in the poisoning. The filing asserts that such actions violate Louisiana's abortion laws and undermine the state's ability to protect unborn lives. Furthermore, the lawsuit alleges that pro-abortion activists and doctors from states like California and New York are unlawfully mailing FDA-approved abortion drugs to Louisiana residents, a practice that reportedly intensified after the Supreme Court's decision in Dobbs v. Jackson, which allowed states to impose stricter abortion regulations.

The Biden administration's policies are criticized in the lawsuit for allegedly facilitating this mail-order scheme by relaxing regulations established during the Obama administration. The plaintiffs argue that the distribution of mifepristone by mail is linked to numerous losses of unborn life and ongoing medical emergencies for women in Louisiana.

The U.S. Supreme Court previously declined to rule on the legality of the Biden-era expansion of abortion pill access, citing a lack of standing from pro-life plaintiffs. However, Justice Brett Kavanaugh's majority opinion indicated that the court might consider a stronger challenge in the future, suggesting that the legal landscape surrounding abortion pills remains contentious.

Support for the Lawsuit

The lawsuit concludes by emphasizing the seriousness of the case and the potential illegality of the Biden administration's actions regarding mifepristone. Marjorie Dannenfelser, president of SBA Pro-Life America, expressed support for the lawsuit, urging the FDA to take immediate action to protect Americans from what she describes as life-ending drugs.

Recently, 51 U.S. Senators called on the Department of Health and Human Services and the FDA to review previous abortion drug regulations established by Democratic administrations. Critics argue that the FDA's approval of a generic version of mifepristone normalizes abortion access, further complicating the ongoing debate over reproductive rights and drug safety.

As the legal battle unfolds, the implications for abortion access and women's health in Louisiana and beyond remain significant, with both sides of the debate poised for further developments.