On Thursday, a coalition of healthcare providers, pharmacists, and advocacy groups filed a lawsuit in Baton Rouge, Louisiana, challenging a recent state law that reclassifies mifepristone and misoprostol as controlled substances. These two medications are widely used for medication abortion but also have other important medical applications, such as treating miscarriage and postpartum complications. The lawsuit, filed in state court, claims the law endangers patient safety by making these drugs less accessible, even in emergency medical situations.
The plaintiffs include the Birthmark Doula Collective, a New Orleans-based organization, as well as individual doctors, pharmacists, and women who report having been denied medically necessary treatment due to the restrictive law. They argue that the law violates Louisiana’s state constitution by undermining patients’ rights to due process and access to essential healthcare.
The law in question was signed by Louisiana Governor Jeff Landry in May, categorizing the medications as Schedule IV controlled substances. Drugs in this category, which include certain painkillers and mood-altering substances, are subject to tighter government controls due to their potential for abuse or dependency. However, mifepristone and misoprostol have been approved by the U.S. Food and Drug Administration (FDA) as safe and effective options for terminating pregnancies since the early 2000s. Under FDA guidelines, these medications do not carry the same abuse potential typically associated with other Schedule IV drugs, making Louisiana’s reclassification unusual.
Although abortion is banned in Louisiana except in cases of medical emergency, both drugs serve other critical medical functions. Mifepristone is often used to manage Cushing’s syndrome, a hormonal disorder, while misoprostol can aid in treating miscarriage and controlling postpartum hemorrhage. The new classification has, according to the lawsuit, restricted emergency room physicians’ access to misoprostol, jeopardizing patient care in labor and delivery settings.
A spokesperson from Birthmark Doula Collective stated, “Limiting prompt access to crucial medications like misoprostol compromises our ability to provide urgent, potentially lifesaving care in a healthcare system already challenged by significant disparities.” The group argues that the law exacerbates health inequities, putting vulnerable patients at even greater risk.
Governor Landry’s office has yet to respond publicly to the lawsuit. Meanwhile, this case adds to the legal battles surrounding abortion medication, including a high-profile case in Texas where conservative groups have sought to revoke FDA approval for mifepristone. The outcome of these cases may have significant implications for access to reproductive healthcare across the U.S., as various states seek to impose their own controls on FDA-approved medications.
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