More than 110 Republican members of Congress have filed an amicus brief in the Supreme Court of the United States (SCOTUS), asking the court to uphold a recent appellate court ruling that had temporarily blocked abortion pills from being distributed through the mail.
In the brief, the lawmakers stated that the in-person dispensing requirement for the pills — which was lifted by the Biden-era Food and Drug Administration (FDA) in 2023 — is an essential safety regulation aimed at protecting women from medical complications or coercion.
The brief supports the state of Louisiana in its suit against the FDA over its loosening of safeguards on abortion pill distribution. As Zeale News previously reported, the Fifth Circuit Court of Appeals ruled in favor of Louisiana May 1, deciding that the state is suffering “irreparable harm” due to mail-order abortion drugs.
However, SCOTUS paused the ruling May 4 after two abortion pill manufacturers, Danco Laboratories and GenBioPro, requested an emergency stay on the decision.
Urging SCOTUS to uphold the appeals court’s holding, the lawmakers argued in the brief that the FDA did not have enough evidence that allowing abortion pills to be mailed would be safe, and pointed to several cases in which women were harmed.
“[B]ecause no in-person visit is required now, women cannot be meaningfully screened for serious contraindications for the use of this drug, such as ectopic pregnancy,” the brief states. “It also increases the likelihood that some women are being coerced into taking these drugs against their will, as the heartbreaking story of Plaintiff Rosalie Markezich illustrates.”
As Zeale News previously reported, Markezich is a Louisiana woman whose boyfriend coerced her into taking abortion pills he obtained from a California doctor. Markezich joins Louisiana as a plaintiff in the state’s suit against the FDA.
Rep. Chris Smith, R-N.J., Co-Chair of the House Pro-Life Caucus, as well as other prominent Republican lawmakers, including Speaker of the House Mike Johnson, R-La., Senate Majority Leader John Thune R-S.D., and House Majority Leader Steve Scalise. R-La., signed the brief.
In a press release, Smith said that the lack of the in-person dispensation requirement fails to provide women with real interaction with health care professionals and proper screening.
He continued, “The Fifth Circuit Court recognized and affirmed these glaring concerns, and I am hopeful that the Supreme Court will uphold the lower court’s decision and protect mothers and their babies.”
According to The Hill, more than 250 Democratic congressmembers also submitted an amicus brief to SCOTUS, calling for the court to sustain access to mail-order abortion pills.