For Immediate Release: May 1, 2026
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Clock Ticking on FDA’s Promised Safety Review of Mifepristone Ahead of Midterm Elections

Washington, D.C. – In a rebuke to the U.S. Food and Drug Administration, today the 5^th U.S. Circuit Court of Appeals granted abortion drug coercion survivor Rosalie Markezich’s and the State of Louisiana’s request to halt the agency’s Biden/Covid-era policy allowing mail-order abortion drugs – effective immediately – while their lawsuit (Louisiana v. FDA) moves forward.

Earlier this month, a federal district court found Markezich and Louisiana have standing and are likely to succeed on the merits. The court also determined Louisiana is suffering irreparable injury from allowing deadly abortion drugs to be sent in the mail, violating their laws.

The 5^th Circuit agreed that the plaintiffs are likely to succeed, but also found that the lower court erred in denying immediate relief and that the FDA can still complete a safety review of mifepristone, saying: “The public interest is not served by perpetuating a medical practice whose safety the agency admits was inadequately studied. Indeed, the public interest demands the opposite.”

The lawsuit is one of several cases brought by pro-life states that the Trump administration has sought to dismiss. Nearly 80 pro-life groups led by SBA Pro-Life America recently sent a letter to acting U.S. Attorney General Todd Blanche urging the Department of Justice to stop siding with the abortion drug industry against pro-life states.

SBA Pro-Life America President Marjorie Dannenfelser issued the following statement:

“Today’s ruling is a huge victory for victims and survivors of Biden’s reckless mail-order abortion drug regime. We are so grateful for the tenacity of Attorney General Liz Murrill, abortion drug coercion survivor Rosalie Markezich, and all our allies demanding action. Women and children suffer and state sovereignty is violated every day the FDA allows abortion drugs to flood the mail – harms that are no mere accident, but predictable outcomes of the FDA’s unscientific removal of safeguards like in-person doctor visits.

“Mail-order abortion drugs are the biggest factor in rising abortion rates after Dobbs and a new wave of violence toward pregnant women, fueled by easy online access to deadly drugs. More and more women like Rosalie are coming forward, fighting for justice. It’s shameful that the Trump administration’s inaction has forced pro-life states to take their battle to the federal courts. The FDA does not need a year or more to complete a comprehensive study before it can take dangerous abortion drugs out of the mail – that’s just common sense.

“Ignoring the dire abortion drug crisis won’t make it go away. With the enthusiasm of one third of the most engaged primary voters at risk if the GOP abandons pro-life principles, abortion drugs and the morale of the pro-life base are guaranteed to be front and center in the midterm elections. It never should have gone this far, but the plaintiffs’ case is compelling and we believe they will prevail.”

Dannenfelser announced this week that SBA Pro-Life America and its affiliated entities will make a $160 million investment to elect pro-life leaders in the 2026 midterm and 2028 presidential election cycles.

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.

Susan B. Anthony Pro-Life America is a network of more than one million pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.

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