Alliance Defending Freedom (ADF), alongside the State of Louisiana, has been leading the legal charge against the rapid spread of mail-order abortion drugs, not just in states with pro-life protections, but in an effort to protect women who are increasingly at risk of abuse, coercion, and medical harm.
In recent years, the situation has only grown more concerning. The expansion of mail-order abortion has opened the door to serious dangers, often leaving women isolated and unsupported at one of the most vulnerable moments of their lives, not to mention leading to the loss of hundreds of thousands of preborn lives.
Just a few weeks ago, there was a reason for hope. ADF secured a meaningful victory at the Fifth Circuit Court of Appeals, which granted the state of Louisiana’s request to reinstate the in-person dispensing requirement, which is a basic, common-sense safeguard designed to ensure that women are actually seen and assessed before being given these high risk drugs.
But that success was short-lived.
In a rushed move, Danco and GenBioPro, the companies that profit from the distribution of these drugs, appealed to the U.S. Supreme Court. In a deeply disappointing decision on Thursday, May 14, the justices stayed the Fifth Circuit’s decision, allowing the Biden-era mail-order abortion scheme to continue for now.
This decision is not just abstract legal policy; it has real consequences. It disregards legitimate medical concerns and dismisses the risks women face when abortion drugs are provided without appropriate oversight.
AAPLOG responded with a statement reflecting that concern:
“Mail-order abortions are bad for women’s health, an abusive tool for predators, and lethal for our preborn patients.
Today’s decision from the U.S. Supreme Court sends a clear message to the American public: the profits of the abortion industry and unregulated abortion have taken priority over the health and safety of our patients.
AAPLOG will continue to fight for life-affirming healthcare and true support of our patients. We are confident that once a decision is made based on the merits of the case, common-sense safety regulations will be reinstated.”
Notably, not all justices agreed with the Court’s decision. Justices Clarence Thomas and Samuel Alito issued pointed dissents, underscoring just how serious these concerns are.
Justice Thomas wrote:
“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise… They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
Justice Alito similarly warned that the ruling was “unreasoned” and undermines the Dobbs decision, which was meant to return authority over abortion policy to the states. The current mail-order scheme completely disregards states’ sovereignty and is essentially a federal mandate allowing unregulated abortion.
This moment is frustrating. It is discouraging. And for many physicians and our patients who see the real-world consequences of these policies, it is deeply personal.
But it is not the end of the fight.
The state of Louisiana, along with ADF, will continue pressing forward at the Fifth Circuit, advocating for the safety of women and the protection of preborn life, and we will continue to stand alongside them. AAPLOG has filed amicus briefs in each important stage of this case and our CEO has a declaration in the case as well.
There are also early signs of hope. With Dr. Marty Makary’s resignation, acting FDA Commissioner Kyle Diamantas has reportedly engaged with pro-life leaders and indicated that a safety review of mifepristone is a top priority, which is an essential step that we will be watching closely and will continue to ask for transparency on.
We will continue to keep you informed as this develops. Follow our social media channels for updates, as well as this biweekly update.
Also, it is important that the FDA and the administration hear from those of us who are caring for women suffering complications from drug-induced abortions. We have made it easy for you to tell the administration about what you’re seeing through an easy form that you can fill out in a deidentified way on our member site. We encourage you to report complications you are seeing so that we can promote better care for our patients.
