The Background

In a bold stand for life and justice, the State of Louisiana, under the leadership of Attorney General Liz Murrill, joined abortion drug coercion survivor Rosalie Markezich to challenge the FDA’s dangerous mail-order abortion drug policy. This lawsuit, Louisiana v. FDA, seeks justice for women like Rosalie who have been harmed by the FDA’s Biden-era mail-order abortion drug scheme. A mandate that Biden’s FDA put in place during the pandemic that still carries on today. This rule continues to unleash harm on women and end the lives of countless unborn children, all while undermining pro-life protections in states like Louisiana.

Today, in Lafayette, Louisiana, a federal district court will weigh whether the state of Louisiana and Rosalie Markezich suffered harm from mail-order abortions and have a right to bring this case forward federally.

Let’s break down the key aspects of this case.

The Facts of the Case: Standing Up for Women and Unborn Children

This suit directly addresses the Biden FDA’s lingering Covid-era policy that allows deadly abortion drugs like mifepristone to be shipped through the mail without any in-person medical oversight.

This reckless rule enables coercion and abuse, poisoning women and bypassing state laws designed to protect the vulnerable. In Louisiana, for instance, it’s a crime to poison women with abortion drugs under the Catherine and Josephine Herring Act – a vital and commonsense measure to shield mothers and their babies from harm.

Louisiana and Markezich argue that the FDA policy not only endangers women and their unborn children but also floods pro-life states with out-of-state abortion drugs, rendering local protections ineffective.

The Plaintiff: She Survived, Her Child Didn’t – Rosalie’s Heartbreaking Story

At the heart of this case is Rosalie Markezich, a young woman from Louisiana whose tragic experience exposes the dark underbelly of mail-order abortion drugs. Excited about her pregnancy in October 2023, Rosalie dreamed of motherhood and planned to raise her child with family support. But her boyfriend, who initially seemed supportive, turned coercive when he decided against keeping the baby.

Exploiting the FDA’s lax policy, he ordered mifepristone and misoprostol online from a California doctor using Rosalie’s own email and address, and without her consent. Clearly there was no in-person consultation or confirmation of who was seeking these drugs.

In a terrifying confrontation, he pressured her into taking the drugs, leaving her fearing for her safety given his past criminal history and her past experiences with abuse. Rosalie bled heavily for a week, enduring physical and emotional trauma that changed her forever. Tragically, her unborn baby did not survive.

Stories like Rosalie’s highlight how the FDA’s rule facilitates coercion, assault, and deception, endangering innocent lives. Rosalie is bravely taking a stand to protect other women and girls and unborn children like her own.

The DOJ’s Shocking Response: Justice and Safety Denied

In response, the Department of Justice under the Trump-Vance administration asked a federal court to deny relief, claiming Louisiana and Markezich ‘lacked standing’ meaning the DOJ did not feel they proved they suffered enough ongoing harm and that if they were harmed, it was not the FDA’s fault.

This could not be further from the truth. The DOJ’s stance ignores the real suffering of women and babies, slow-walking protections while the FDA drags its feet on a promised safety study of mifepristone. Initially vague on timelines, the DOJ now admits the process could take “a year or more,” potentially pushing completion to 2027 or beyond.

Alongside real-life accounts, a growing body of evidence shows these drugs are far more dangerous than advertised, putting women and girls at serious risk. Peer-reviewed research found three quarters of ER visits within 30 days after abortion drug use were coded as severe or critical. Two separate, independent studies also found more than 1 in 10 women experience at least one severe adverse event. Complications can include hemorrhaging, infection, sepsis, and even death.

Women and children can’t afford to wait. As SBA Pro-Life America President Marjorie Dannenfelser stated, “Abortion drugs by mail are killing more Americans than fentanyl, cocaine or heroin combined. Women and children are dying and do not have ‘a year or more’ to wait on the FDA. They deserve safeguards NOW.”

Reinstating basic guardrails like in-person visits is essential to stop this crisis.

Public Opinion – Americans Demand Protections:

National polling underscores widespread American support for commonsense measures on this issue. A new nationwide survey reveals that 80% of Republican primary voters — including 84% of Trump supporters — believe the FDA should require in-person visits for abortion drugs.

Even broader consensus shows 72% oppose approving generic mifepristone before safety reviews are complete.

These numbers reflect a clear mandate: Americans, across the spectrum, want safeguards to protect women from harm and uphold the value of unborn life. Pro-life voters are mobilized, with many indicating they’d be less likely to support leaders who abandon these principles.

Why This Case Matters:

Louisiana v. FDA isn’t just a legal battle — it’s a fight to ensure that federal policies don’t trample state’s rights to protect children in the womb or sacrifice women and girls for the sake of pro-abortion ideology. As pro-life advocates, we stand with Louisiana and survivors like Rosalie, urging swift action to end this dangerous policy. Lives are at stake, and justice delayed is justice denied.