The Department of Justice (DOJ) on Jan. 27 asked a federal judge to delay or dismiss a Louisiana lawsuit seeking to restore in-person safeguards for abortion drugs. The DOJ cited a Food and Drug Administration (FDA) safety review that could take a year or more to complete.
The lawsuit challenges an FDA policy adopted in 2023 under the Biden administration that allows abortion pills to be prescribed through telemedicine and shipped by mail.
The DOJ’s filing responded to a request from Louisiana Attorney General Liz Murrill and plaintiff Rosalie Markezich for a preliminary injunction that would reinstate the FDA’s former rule requiring mifepristone, a drug used for chemical abortions, to be dispensed in-person by a certified medical provider.
Murrill argued the policy undermines Louisiana’s abortion ban and removes face-to-face medical oversight, increasing the risk of coercion and medical complications for women. According to Alliance Defending Freedom, Markezich said she was pressured by her boyfriend in 2023 to take mail-ordered mifepristone, resulting in the loss of her preborn child and lasting emotional harm.
If the court grants the request, telemedicine prescriptions and mail delivery of mifepristone would be halted nationwide while the case proceeds.
The DOJ, representing the FDA, asked the court to pause or dismiss the lawsuit entirely, arguing that the plaintiffs are not facing ongoing harm and that court action now would interfere with the FDA’s own safety review of mifepristone. The government said judicial involvement at this stage would unnecessarily consume court resources.
That review, promised by Trump-appointed officials including FDA Commissioner Marty Makary and Health and Human Services Secretary Robert F. Kennedy Jr., could take “a year or more” to complete, according to the filing — a timeline that would delay any regulatory changes until 2027 or later.
Pro-life organizations condemn the DOJ’s filing
CatholicVote President and CEO Kelsey Reinhardt spoke out strongly against the DOJ’s filing in a statement to Zeale.
“Just days ago, at the March for Life, Vice President JD Vance stood before hundreds of thousands of Americans and spoke on behalf of the administration, pledging a stronger commitment to the protection of unborn children,” Reinhardt said. “Those words mattered. They renewed hope across the pro-life movement that this administration truly intends to be – not rhetorically, but substantively – the most pro-life administration in American history.”
Reinhardt said pro-life organization that condemned the DOJ’s move were right to do so. “Susan B. Anthony Pro-Life America has warned correctly that ‘this foot-dragging risks alienating the very voters who delivered victory’,” she said, and “Americans United for Life has called the DOJ’s action exactly what it is: a contradiction of the assurances made to pro-life Americans just days ago at the March for Life.”
“CatholicVote stands shoulder to shoulder with pro-life leaders who have rightly condemned this move,” Reinhardt concluded.
In a Jan. 27 statement responding to the DOJ’s filing, Susan B. Anthony Pro-Life America (SBA) said court action is needed now rather than waiting for a prolonged FDA review.
"Unborn children and vulnerable women don't have a year to wait," SBA president Marjorie Dannenfelser said, warning that the delay could alienate the pro-life voters whose support won Trump his second term.
Dannenfelser said administration officials had previously promised a comprehensive review of abortion drugs but then failed to act.
“Nearly a year ago, Secretary Kennedy promised a comprehensive study of the real-world harms of abortion drugs, yet the FDA has slow-walked it out of political fear,” Dannenfelser said.
She said the timeline outlined in court filings suggests any action could be delayed until 2027, after the midterm elections.
Dannenfelser warned that continued delays could carry political consequences, saying pro-life voters are closely watching whether the administration follows through on its commitments.
"This is a denial of justice for women like Rosalie and the countless unborn lives lost to these deadly pills," Dannenfelser said. "The administration is clinging to Biden's disastrous policies while women hemorrhage in emergency rooms and states' pro-life laws are trampled."
In an emailed press release, Americans United for Life (AUL) criticized the DOJ’s move, saying it conflicts with recent assurances the administration made to pro-life supporters at last week’s March for Life.
Sarah Zagorski, AUL’s senior director of public relations and communications, said the request to delay the case sends “just the opposite message.”
Zagorski called the move “cold comfort to the victims of the abortion pill.” She said delaying the lawsuit prolongs harm to women affected by abortion pills and allows coercion and abuse to continue.
Steven Aden, AUL’s chief legal officer and general counsel, said the filing reflects a broader pattern in which government lawyers seek delays while administration officials promise action on chemical abortion.
“Pro-life Americans are growing increasingly frustrated with the failure to meet words with action,” he said.
In the release, the group said there is “no public evidence” that the promised FDA safety review of mifepristone is actively underway.
Looking ahead
The Louisiana lawsuit, filed in October 2025, is part of a wave of challenges from Republican-led states, including Missouri, Idaho, Kansas, Florida, and Texas, all arguing that federal mail-order rules override their post-Dobbs abortion bans and expose residents to severe risks.
A hearing on the preliminary relief is scheduled for Feb. 24.