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FDA Says Mail-Order Abortion Policies Are Not Stopping States From Protecting Unborn Babies

Articles | January 28, 2026 | by Catholics for Catholics

Louisiana sued the FDA to block regulations that permit abortion pills to be sent through the mail.

By Catholics for Catholics

In the latest development of the courts and the fate of abortion drugs that kills countless babies every year, the Justice Department said that the regulations by the Food and Drug Administration that permits the abortive pill Mifepristone to be sent via mail do not encroach on a state’s capacity to protect unborn children. 

The Daily Wire reported that the position by the Justice Department was taken in a court filing asking a judge not to grant a request from Louisiana to block the existing regulations that permit mifepristone to be shipped through the mail. The filing said that the FDA was currently reviewing the safety standards for mifepristone, and a ruling blocking the current standard could be “disruptive.” 

“Louisiana suffers no sovereign injury because it remains free to make and enforce its pro-life policies after Dobbs v. Jackson Women’s Health Org,” the Justice Department said. “Nor are Defendants standing in the way of Louisiana enforcing its abortion laws against out-of- state prescribers of mifepristone.”

But last November, the state of Louisiana and Rosalie Markezich sued the FDA, seeking to have a judge suspend the FDA’s current Risk Evaluation and Mitigation Strategy standards for mifepristone. Markezich says she was forced to ingest abortion pills which were illegally ordered and sent into Louisiana by her ex-boyfriend. 

A White House official countered that nothing in the filing should be interpreted as the White House “defending” former President Joe Biden’s administration’s abortion drug policies.

“We’ve been very clear we have issues with that as well,” the White House official noted, saying that the Trump administration has raised issues with mifepristone, which is why it was conducting a study into mifepristone. 

“Legally speaking, it’s a question of standing,” the official said. “All we are really saying with this filing is, let’s not short-circuit this process, and let the agency, that is doing what a lot of the pro-life groups want, let them do what they’ve been tasked to do, and let that process play out.” 

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