5th Circuit to decide whether mail-order abortions can flow into pro-life states
Rosalie Markezich, a Louisiana woman coerced into taking abortion drugs that her then-boyfriend obtained via mail from a doctor in California.

5th Circuit to decide whether mail-order abortions can flow into pro-life states

Louisiana AG, ADF attorneys available for interviews following hearing Wednesday

Tuesday, Sep 8, 2026

WHO:  Louisiana Attorney General Liz Murrill and Alliance Defending Freedom attorneys

WHAT:  Available for media interviews following hearing in State of Louisiana v. U.S. Food and Drug Administration

WHEN:  Immediately following hearing, which begins at 9 a.m. CDT, Wednesday, Sept. 9

WHERE:  U.S. Court of Appeals for the 5th Circuit, 600 Camp St., New Orleans, Room 209, or watch the livestream. To schedule an interview, contact ADF Media Relations Specialist Elizabeth Martin at (571) 541-7649.

NEW ORLEANS – Louisiana Attorney General Liz Murrill and Alliance Defending Freedom attorneys will be available for media interviews following a hearing Wednesday at the U.S. Court of Appeals for the 5th Circuit in New Orleans in State of Louisiana v. U.S. Food and Drug Administration.

In the case, Louisiana is asking the court to require the FDA restore the in-person dispensing requirement for the abortion drug mifepristone. As it stands currently, out-of-state pro-abortion doctors mail mifepristone to thousands of Louisiana residents for the express purpose of causing abortions that are blatantly unlawful. The pro-abortion Society of Family Planning’s most recent #WeCount report estimates that nearly 1,000 FDA-approved mail-order abortion drugs enter Louisiana every month—a number that should be zero.

“It’s high time the FDA be held accountable for the destruction it began causing under the Biden administration with this high-risk drug that is flowing illegally into states that protect life,” said ADF Of Counsel Erin Hawley. “Together with Louisiana Attorney General Liz Murrill’s office, we’re asking the court to halt this abortion-by-mail scheme and protect the dignity and worth of every woman and child.”

ADF attorneys also represent Rosalie Markezich, a Louisiana woman who, under immense pressure from her then-boyfriend and fearing for her safety, took abortion drugs that he ordered online from a doctor in California. Markezich did not want an abortion, but far from empowering her to make her own choice and preserve her autonomy, the FDA’s removal of the in-person dispensing requirement enabled her boyfriend to coerce her into taking the mail-order drugs—leading to her child’s death.

In 2023, the Biden FDA permanently removed the in-person dispensing requirement from its Risk Evaluation and Mitigation Strategy for mifepristone. This action intentionally enabled out-of-state pro-abortion activists and doctors to blanket states like Louisiana, which has chosen to protect unborn children, with mail-order abortion drugs, thus nullifying state laws and putting unborn babies and women at serious risk.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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