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Washington, D.C. On Wednesday, 438 state legislators from all 50 states and Guam signed an amicus brief in support of preserving access to mifepristone – one of two pills used for a medication abortion – in the ongoing case Louisiana v. FDA, urging the Fifth Circuit to protect access to the most common method of abortion care in the U.S.
The amicus brief was organized by State Innovation Exchange’s Reproductive Freedom Leadership Council — a network of state legislators working to advance reproductive health, rights, and justice. This strong showing of state legislators from every state in the nation sends an important message: State lawmakers and their constituents have had enough with junk science and political threats dictating what happens to our bodies.
“Let's be extremely clear: This medication has been the target of extremist lawmakers and politicians since the Supreme Court overturned Roe v. Wade,” said Laura Hernández, Director of Policy, Reproductive Freedom and Health Equity at the State Innovation Exchange. “In every state and Guam, legislators are demanding that their ability to protect their constituents should not be interfered with. Limiting access to mifepristone will be felt everywhere, even in states where abortion is protected. Now, more than ever, state legislators are on the frontlines, defending care for their constituents.”
The case challenges the FDA’s evidence-based decision to remove the in-person dispensing requirement for mifepristone, allowing patients to fill their prescriptions by mail and at retail pharmacies, as they do with virtually all other prescriptions. Louisiana seeks to reinstate the medically unnecessary in-person dispensing requirement nationwide, which would force patients across the country to travel to a health center just to be handed the medication.
“As one of the Lead Amici in the brief, I'm proud to defend access to mifepristone," said Maryland State Senator Sara Love. "The FDA made an evidence-based decision long ago, one that is vital to our constituents' ability to access critical healthcare through telehealth. I trust the Fifth Circuit will see through the political games and ensure people get the healthcare they need.“
A federal trial court denied Louisiana’s request to temporarily reinstate the requirement while the case proceeds. Louisiana appealed, and the Fifth Circuit Court of Appeals granted Louisiana’s request, disrupting access and creating uncertainty. The Supreme Court later paused the Fifth Circuit’s ruling, allowing people to continue to fill their mifepristone prescriptions by mail and at pharmacies after receiving care through telemedicine while the case is litigated. The case is now back before the Fifth Circuit, which will hold oral argument in September.
In their amicus brief, state legislators describe how preventing mail and pharmacy access to mifepristone would impose serious harms on legislators’ constituents seeking abortion and miscarriage care, particularly those living in rural communities, low-income families, and young people.
“Mifepristone has been a lifeline for 7.5 million Americans for over 25 years, especially for those living in the South," said South Carolina State Representative Annie McDaniel. "This is about a woman’s right to make her own medical decisions, free from political interference. Restricting reproductive healthcare only worsens maternal and infant health outcomes – and most Americans already support access to medication abortion. It’s time for the courts to listen to the people and put a woman’s health and choice over politics.“
Every state, and Guam, had legislators who signed their names to the brief, with the highest number of participants from Maine, followed by New York, Maryland, and Illinois.
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About the State Innovation Exchange
The State Innovation Exchange (SiX) is the largest convener of state legislators advancing progressive policies through a network of 12,000 members in all 50 states. The organization serves as a national resource and strategy center supporting lawmakers in promoting sustainable, people-centered solutions that strengthen communities and improve lives.
