State of Louisiana v. FDA our fight to ensure survivors of intimate partner violence can access abortion

Current Status

On May 4, the U.S. Supreme Court issued an order allowing the abortion pill mifepristone to continue to be prescribed via telehealth and dispensed by mail and pharmacies: a critical relief to survivors of intimate partner violence and others who rely on remote access to care.

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Contact

Legal Voice Communications
media@legalvoice.org

Background

What is mifepristone?

Mifepristone is one of two widely used medications for abortion and miscarriage care. More than one hundred studies have concluded that it is safe and effective, and more than 7.5 million Americans have used it since its approval by the U.S. Food and Drug Administration (FDA) in 2000.

How is mifepristone regulated?

For years, the FDA imposed strict, clinically unnecessary requirements on how mifepristone could be prescribed and dispensed. Patients had to see a health care provider in person to obtain a prescription, and they could only receive the medication at a clinic, hospital, or medical office.

The FDA fortunately started allowing mifepristone to be prescribed and dispensed through telemedicine in 2020. The agency formally adopted that change in January 2023 through updated REMS (Risk Evaluation and Mitigation Strategy) rules. Patients can now consult with a provider virtually and receive the medication through a local pharmacy or by mail.

Who is trying to block telehealth access to mifepristone?

The state of Louisiana and Rosalie Markezich filed a lawsuit in late 2025 challenging the FDA rules that allow mifepristone to be prescribed and dispensed through telehealth.

Their lawsuit is not grounded in science or law. Rather, it is part of a broader effort to restrict abortion access nationwide, backed by the same anti-abortion extremists who helped overturn Roe v. Wade.

At the same time, the case centers on a deeply painful and personal story. Markezich is a survivor of intimate partner violence, and she says she was coerced by her partner into taking medication abortion. What happened to her is unconscionable — all survivors should be able to choose what happens to their body.

As a country, we must strengthen legal protections for survivors like Markezich and invest in programs that help them escape abusive relationships. However, we cannot use one survivor’s experience as a justification to impose restrictions on health care that will harm countless others.

Survivors of intimate partner violence often face intense surveillance and control. Abusive partners may monitor their movements, restrict access to transportation, control finances, or prevent them from seeking medical care. For many survivors, telehealth is the only way to access abortion care without putting their lives at risk.

How has the FDA responded?

Now under the influence of the Trump administration, the FDA is conducting a politically motivated review of mifepristone that could lead to new restrictions. The agency has asked courts to pause Louisiana’s lawsuit while it finishes this sham review.

How have mifepristone manufacturers responded?

Mifepristone manufacturers GenBioPro, Inc. and Danco Laboratories, LLC have intervened as defendants in this case to defend continued telehealth access to mifepristone.

How could this case end?

Whether the FDA’s rules are upheld or struck down, the outcome of this case will affect the entire country — not Louisiana. This means that if the state of Louisiana prevails, even people in states that allow abortion access won’t be able to access mifepristone via telehealth.

Keep In Mind:

  • Medication abortion is still legal and available in states where abortion is legal.
  • This case will only affect whether mifepristone is available by telehealth and in pharmacies.
  • The second medication used in medication abortion, misoprostol, is not being challenged by this lawsuit and can still be prescribed via telemedicine. Though misoprostol is often used together with mifepristone, it can also be used on its own.
  • This case has not changed any abortion access laws that exist in your state.

What Legal Voice is Doing

Legal Voice is submitting amicus, or “friend-of-the-court,” briefs to advocate for telehealth access to mifepristone. Our briefs explain that restricting telehealth access to mifepristone would disproportionately harm survivors of intimate partner violence.

For many survivors, accessing in-person care is dangerous because abusive partners closely monitor their movements, control their finances, and restrict their access to transportation. Telehealth access can mean the difference between getting care safely and being unable to access care at all.

Plaintiffs

State of Louisiana and Rosalie Markezich

Defendants

U.S. Food and Drug Administration

Intervenors: GenBioPro, Inc. and Danco Laboratories, LLC

Our Amicus Brief Partners 

Pro Bono Counsel:

Crowell and Moring, LLP

Co-Amici:

Gender Based Violence Organizations: National Domestic Violence Hotline, National Network to End Domestic Violence, Ujima: The National Center on Violence Against Women in the Black Community, Center for Survivor Agency and Justice

Expert Researchers: Dr. Elizabeth Tobin-Tyler, Dr. Samuel Dickman, Dr. Maeve Wallace, Dr. Karen Trister Grace, Julie Dahlstrom.

“When you read survivors’ stories, the need for telehealth becomes painfully obvious. These are people trying to stay safe while navigating violence, surveillance, financial control, and isolation. Accessing in-person care is not simple for them — and it can put their lives in danger. That’s why it’s so important that courts are educated on the impacts of their decisions on survivors.”

— Robin Turner, Legal Voice’s Montana Director