A year-and-a-half into the second Trump administration, an opportunity remains to resolve one of the most egregious policy hangovers of the previous era: a Biden-era COVID-19 regulation that has allowed dangerous abortion drugs to be sent through the mail. The rule has not only remained on the books but is the subject of a lawsuit between Louisiana and the Food and Drug Administration. There are encouraging signs that new Attorney General Todd Blanche will correct course.
During his confirmation hearing, when pressed by six senators on the public health crisis created by mail-order mifepristone, Blanche reassured the Senate Judiciary Committee and the public that the Department of Justice under his leadership was not defending the harmful abortion drug policy of the Biden administration. He then stood firm on a call with faith leaders, including Susan B. Anthony Pro-Life America and others, which was later made public, saying he is working “so that the Dobbs decision becomes permanent in every single state” in relation to abortion drugs.
Now, Blanche stands at a pivotal threshold to deliver on that promise by moving to settle Louisiana v. FDA before oral arguments begin on Sept. 9 in the 5th U.S. Circuit Court of Appeals.
This case centers on Rosalie Markezich, a Louisiana woman coerced into taking abortion drugs ordered online from out of state by her then-boyfriend, directly circumventing state law. The boyfriend drove Markezich to a remote location and made her take the drugs. Though she tried to throw them up quickly, it was already too late. Her story is a heartbreaking example of how former President Joe Biden’s mail-order deregulation has stripped away basic requirements for women to have in-person doctor visits. As Markezich noted, “If mail-order abortion wasn’t a thing, I’m 100% sure I would have my child.”
Blanche has a unique opportunity to demonstrate decisive leadership by ending the federal government’s defense of this policy. Settling the case is not only a sound legal approach. It aligns perfectly with public consensus and constitutional principles. The majority of the public supports restoring in-person doctor requirements, and among Republican voters, 80% favor face-to-face medical evaluations.
Much of the conversation on abortion drugs has been focused on the FDA and a study by the agency of mifepristone’s safety for women under real-world conditions. This study is crucial to solving the abortion drug crisis long term, and under Heidi Overton’s leadership, we look forward to its completion. The immediate problem of mail-order abortion drugs, however, can be addressed immediately by the DOJ. This is how the administration can save lives and protect women right away.
Halting mail-order abortions would save the lives of 15,000 babies every single month. You read that right. 15,000 a month. If you attended a mid-size college, that’s probably equivalent to your entire student body. This is how many babies die just in states where pro-life protections are circumvented with mail-order abortions every single month. By settling the case, pro-life laws could finally take effect, and the states could finally protect unborn children.
Settling the case would protect women. Fourteen women harmed by abortion drugs have written a letter to Blanche urging him to settle and restore in-person doctor visits. As many as 11% of women who take mifepristone experience serious side effects such as hemorrhage, infection, and sepsis. According to peer-reviewed research by the Charlotte Lozier Institute, 75% of emergency room visits within 30 days of abortion drug use are severe or critical. Some women have died from taking abortion drugs, and many have suffered near-fatal consequences — like Shanyce Thomas, who had to be placed in a medically induced coma and lost her ability to have children, and Haile McAnally, whose friend found her on the floor of her bathroom and made it to the hospital just in time for a lifesaving blood transfusion.
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Blanche would also stop the rise of a new form of domestic violence in which abusers are obtaining abortion drugs online and poisoning women unknowingly. During his confirmation hearing, Sen. Katie Britt (R-AL) shared the story of Jona Affholder, a mother from Ohio who lost her unborn child after she awoke to her boyfriend force-feeding her abortion drugs. In Texas, Catherine Herring’s former husband made seven attempts to end their unborn child’s life (which fortunately did not succeed) by poisoning her with abortion drugs. These are the types of real-life horror stories coming to light across the country.
The just and merciful solution is clear: Before Sept. 9, settle the case. Simply restore the basic safeguards on abortion drugs that were in place during President Donald Trump’s first term. Save lives, protect women, and galvanize the base ahead of the midterm elections. This one small move will make all the difference.
Marjorie Dannenfelser is president of Susan B. Anthony Pro-Life America.