Louisiana suing federal government over abortion drugs by mail

LAFAYETTE, La. (KLFY) — The State of Louisiana, along with an anti-abortion group, have filed a federal lawsuit against the U.S. Food and Drug Administration, the Department of Health and Human Services and federal officials over drugs that induce abortions being available by mail across state lines.

The suit, filed by La. Atty. Gen. Liz Murrill and Louisiana resident Rosalie Markezich, alleges that the FDA and HHS not requiring in-person examinations before prescribing drugs like mifepristone violates Louisiana state law.

The suit was filed in federal district court in Lafayette Oct. 6. It seeks to order the court to force the FDA to rescind its 2023 order that removed the in-person dispensing requirement for the drugs.

Markezich is also involved in the effort to criminalize doctors who prescribe the drugs remotely. In a court case filed Sept. 19, the state issued aa arrest warrant for a California-based doctor who it says provided pills to her in 2023. Markezich claims she was forced to take the drugs by her boyfriend against her will.

The anti-abortion group Alliance Defending Freedom is listed as counsel for Markezich.

Murrill said in a news release that out-of-state doctors are violating the criminal laws of Louisiana and other states.

“They aren’t providing healthcare, they’re drug dealers,” Murrill said. “Louisiana’s new lawsuit seeks to hold the FDA accountable for unlawfully removing its original safeguard that ensured women receive an in-person office visit to check for life-threatening conditions, such as ectopic pregnancy, before taking high-risk abortion drugs. The FDA’s reckless actions also opened wide the door for women to suffer reproductive coercion and assault. We are simply asking the FDA to restore this basic safety standard for women’s health. Rosalie is bravely representing many woman who are victimized by the illegal, immoral, and unethical conduct of these drug dealers.”

Also named as defendants in the suit are HHS Secretary Robert F. Kennedy Jr., FDA Commissioner Martin Makary and FDA Drug Evaluation and Research Center Director George Tidmarsh.

Read the suit in its entirety below.

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