Chairman Cassidy, Rep. Smith, Leader Thune, Speaker Johnson Urge SCOTUS to Protect Women & Babies from Dangerous Abortion Drugs in Amicus Brief

WASHINGTON - U.S. Senator Bill Cassidy, M.D. (R-LA), chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, U.S. Representative Chris Smith (R-NJ), U.S. Senate Majority Leader John Thune (R-SD), U.S. House Speaker Mike Johnson (R-LA), and U.S. Senator John Kennedy (R-LA) led 108 Republican lawmakers in filing an amicus brief in the U.S. Supreme Court supporting Louisiana's lawsuit to protect women and their unborn children from dangerous mail-order chemical abortion drugs. The brief argues mifepristone's in-person dispensing requirement must be reinstated.

"I am grateful to my home state of Louisiana for leading the effort to defend women and babies in our state and across the country. Chemical abortion drugs kill innocent children and put mothers' lives at risk,"said Dr. Cassidy. "Safeguards protecting against coercion, such as the in-person dispensing requirement, must be reinstated immediately. The Fifth Circuit got this right, and I urge the Supreme Court to affirm that decision."

"In an effort to subvert the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization-which empowered pro-life lawmakers, both federal and state, to create legislation that protects both unborn babies and their mothers-Biden's radical, pro-abortion FDA completely overstepped its authority and removed mifepristone's in-person dispensing requirement," said Representative Smith, Co-Chair of the Congressional Pro-Life Caucus. "The Biden FDA's reckless decision, which has led to the mass proliferation of this baby poison pill, placed extremist pro-abortion ideology above medical due diligence. Mifepristone is extremely dangerous to women-in fact, more than one in ten women who take the chemical abortion drug experience sepsis, infection, hemorrhaging, or another serious adverse event within 45 days. Without the in-person dispensing requirement, women are being mailed this dangerous drug, absent any real interaction with a medical professional and without proper screening for contraindications, coercion, or other serious health concerns. The Fifth Circuit Court recognized and affirmed these glaring concerns, and I am hopeful that the Supreme Court will uphold the lower court's decision and protect mothers and their babies."

"There are legitimate concerns about these drugs putting women and girls at significant risk," said Leader Thune. "I urge the Supreme Court to reinstate the safety guardrails that were in place before the Biden administration while the Department of Health and Human Services reviews these drugs."

"We filed this brief because the Biden FDA's approval of chemical abortion drugs plainly puts young women and their unborn children at risk. The state of Louisiana has done heroic work in leading the fight against mail-order, on-demand abortion drugs, and the 5th Circuit was right to block the FDA from continuing this dangerous practice. We urge the Supreme Court to affirm that decision and protect women and babies nationwide," said Speaker Johnson.

"By leading the way against dangerous mail-order chemical abortion drugs, Louisiana's proving once again that it stands strong for innocent life. I'll always be proud to support our state's pro-life values, and I hope and pray that the Fifth Circuit's ruling-in favor of federalism and the safety of women and girls-prevails at the Supreme Court," said Senator Kennedy.

The brief is also supported by U.S. Senators Jim Banks (R-IN), Marsha Blackburn (R-TN), Katie Boyd Britt (R-AL), Ted Budd (R-NC), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Deb Fischer (R-NE), Lindsey Graham (R-SC), Josh Hawley (R-MO), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), James Lankford (R-OK), Roger Marshall, M.D. (R-KS), Jerry Moran (R-KS), Rand Paul, M.D. (R-KY), Pete Ricketts (R-NE), James Risch (R-ID), Rick Scott (R-FL), Tim Sheehy (R-MT), Tommy Tuberville (R-AL), Todd Young (R-IN).

In October 2025, Louisiana and Rosalie Markezich, a victim of Democrats' harmful decision to remove the in-person dispensing requirement for dangerous chemical abortion drugs, filed a lawsuit to overturn the illegal policy. Because of Biden's policy, Rosalie's boyfriend was able to order chemical abortion pills online from an abortionist in California and coerced her to take the drug to kill her unborn child. The Republican lawmakers argue that Biden violated federal law by removing the in-person dispensing requirement, and that these protections should be reinstated.

Last week, the Fifth Circuit Court of Appeals sided with Louisiana, issuing an order that put the in-person dispensing requirement back into place while the litigation continued. The amicus brief asks the Supreme Court to uphold the Fifth Circuit's decision.

Previously, Cassidy and Smith led 58 Republican lawmakers in an amicus brief to the district court, arguing that the illegal Biden policy must be overturned.

As a strong pro-life leader, Cassidy has an A+ rating on Susan B. Anthony Pro-Life America's 2025 National Pro-Life Scorecard. As Chairman of the HELP Committee, Cassidy led a?hearing?in January with Louisiana Attorney General Liz Murrill on the dangers of chemical abortion drugs. He is also leading?conservative Republicans?calling on U.S. Health and Human Services Secretary Robert F. Kennedy Jr. and FDA Commissioner Marty Makary to fulfill their promise to complete a safety review of abortion drugs.

"We're deeply grateful to pro-life champions Senator Bill Cassidy and Representative Chris Smith for leading this amicus brief in support of Louisiana and courageous survivor Rosalie Markezich against the FDA's reckless mail-order abortion policy," said Marjorie Dannenfelser, President, Susan B. Anthony Pro-Life America. "The FDA's decision to side with the abortion industry and allow dangerous abortion drugs to be shipped nationwide without an in-person doctor's visit is unacceptable. This policy kills countless unborn children, enables coercion and abuse, and gravely endangers women and girls, while the FDA callously ignores the well-documented harms that states and survivors have warned about for years. We are thankful for the members of Congress fiercely supporting pro-life states like Louisiana and survivors who are seeking justice in court."

"Louisiana has chosen to protect women and their babies by prohibiting mail-order abortion," said Erica Inzina, J.D., Policy Director, Louisiana Right to Life. "It is unconscionable that the FDA would allow abortion drugs to be openly distributed without any safeguards whatsoever. These actions harm women and hinder states like Louisiana from being able to protect its citizens and enforce its laws. The abortion industry's response to the 5th Circuit's ruling, including promoting even more unsafe methods of elective abortion, is telling. For the abortion industry, it was never about women's safety or health. Instead, it has always been about money and promoting abortion at all costs, even when it hurts the women they purport to help. The Supreme Court should uphold the 5th Circuit's decision to halt the 2023 REMS and reinstate basic health standards. We are grateful for Senator Bill Cassidy and all of our elected officials on the state and federal level who continue to support women's health and the lives of unborn babies."

"The abortion pill has killed over seven million preborn American children since it was approved by the FDA. Mifepristone is designed to end the life of a living child in the womb, and the consequences have been devastating for women as well," said Lila Rose, Founder & President, Live Action. "There are horrifying cases of women being deceived, coerced, and drugged with abortion pills against their will. Catherine Pressly Herring's husband secretly put abortion drugs into her drink in an attempt to kill their preborn baby and was sentenced to prison. America should never allow dangerous abortion drugs to be mailed into homes and abusive relationships. The Supreme Court must act quickly to affirm the fifth circuit ruling and end mail-order abortions."

"National Right to Life stands with the State of Louisiana in defending women and girls from the dangers of mail-order abortion drugs and the Biden FDA's unlawful removal of critical safety protections," said Carol Tobias, President, National Right to Life. "Under the Biden administration, the FDA abandoned its responsibility to safeguard women's health by eliminating the in-person dispensing requirement despite insufficient evidence that mail-order chemical abortions are safe. Women are now placed at greater risk of undiagnosed ectopic pregnancies, coercion, dangerous and potentially deadly complications, as well as delayed emergency care. National Right to Life joins Chairman Cassidy and members of Congress in support of Louisiana's effort to restore accountability, uphold the rule of law, and protect women from the serious harms associated with chemical abortion drugs."

"I'm grateful for the Senators and Representatives who have signed this brief in support of Louisiana's right to protect unborn children and their mothers," said Tony Perkins, President of the Family Research Council. "The rise of mail-order abortion has not only endangered women and unborn children, but also created new avenues for coercion and abuse. The FDA's policy, which overrides state pro-life protections, undermines both the rule of law and the safety of those it claims to serve. It must be reversed."

Read the full brief here.

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