FRC's Tony Perkins Statement on Federal Court's Ruling on Lawsuit to Restore FDA Safeguards on Abortion Drug Mifepristone

WASHINGTON, D.C. -- Last night, Trump-appointed Judge David Joseph of the U.S. District Court for the Western District of Louisiana ruled on a lawsuit brought by state Attorney General Liz Murrill against the Food and Drug Administration challenging the conditions under which the abortion drug mifepristone may be sold within Louisiana and the rest of the United States. While Judge Joseph held off granting Louisiana full relief while the FDA reviews the safety of the drug, he concluded that Louisiana has standing to sue and is likely to succeed in showing that the FDA's pre-2023 Risk Evaluation and Mitigation Strategy (REMS) on the abortion drug is unlawful.

Family Research Council President Tony Perkins, a former Louisiana state legislator, reacted with the following statement:

"Even the court acknowledged the destruction caused by the FDA policy on chemical abortion.

"This decision reveals the truth about what is occurring: states are currently being irreparably harmed and undermined by the ongoing existence of dangerous abortion drug trafficking enabled by President Biden's FDA. As the court noted in its ruling, Louisiana has standing to bring this lawsuit because it has suffered harm from these Biden-era FDA rules.

"In deference to the executive branch, the court agreed to allow the FDA to complete the review it has promised, but the FDA has not even indicated whether this review has started to this day. The court has given the FDA no more than six months to report on its progress. The court's message seems to be 'we are watching!'

"As it said, 'the stay granted to FDA will not remain open-ended. FDA has an obligation to act with all deliberate speed to review its past actions and complete a thorough analysis that addresses the deficiencies it has acknowledged. The parties and the American public deserve nothing less.'

"In fact, the moms and unborn children of Louisiana deserve substantially more--namely, for the federal government to respect the laws of their state, Louisiana, which recognize the dignity of every person, whether born or unborn.

"The Court acknowledged the valid and legitimate interests that Louisiana has here, noting that if the FDA does not hold up its end of the bargain, 'the Court's analysis -- and the weight accorded to [the] factors [on which it conducted its analysis] - will inevitably change.'

"Given the FDA actions under the current administration, we are not optimistic they will continue a timely and thorough review. We support the State of Louisiana appealing to the 5th Circuit Court of Appeals, as this is an urgent matter of life and death for women and children," Perkins concluded.

Family Research Council, along with renowned psychiatrist Dr. Martha Shuping, filed an amicus brief in the case, in support of Louisiana. In the brief, FRC and Dr. Shuping argued that the "FDA's action has enabled a flood of abortion drugs to be released into society without any in-person interaction between the pregnant woman and a medical professional. A single 'nonprofit asynchronous telemedicine service' mailed 118,338 abortion drug packs between July 2023 and September 2024. Yet FDA never considered the reality that many women will be coerced with these drugs if men, family members, and abusers can easily obtain them via remote means with no protection against coercion."

To read the amicus brief, please see: https://www.frc.org/get.cfm?i=LK26B29&f=LK26B29

-30-