Banks Joins GOP Lawmakers in Supreme Court Brief Supporting In-Person Safeguards for Chemical Abortion Drugs

WASHINGTON, D.C. - This week, Senator Jim Banks (R-Ind.) joined more than 100 Republican lawmakers led by Senator Bill Cassidy (R-La.) 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 requests reinstatement of mifepristone's in-person dispensing requirement.

Background:

In 2023, the Biden administration removed longstanding safety restrictions on abortion drugs. Previously, women could only access abortion drugs after seeing a doctor in person. Under Biden, the Food & Drug Administration lifted the in-person dispensing requirement and allowed abortion drugs to be prescribed online and shipped to all fifty states.

As a result, abortion drugs can be mailed to states that otherwise restrict abortion. This policy bars states from enforcing their pro-life laws.

The state of Louisiana sued, requesting reinstatement of the in-person dispending requirement. A federal district judge in Mississippi found that Louisiana was likely to succeed in its claims but refused to block the mail-order rule. The Fifth Circuit Court of Appeals temporarily blocked the rule. Now, the Supreme Court will consider whether to reinstate the mail-order rule while litigation continues.

Argument:

The Biden Administration's deregulation of mifepristone should be reversed to restore critical patient safety protections and appropriate medical oversight. Chemical abortion drugs carry serious health risks, and allowing online pharmacies to distribute them without an in-person doctor visit undermines safeguards designed to ensure proper screening, informed consent, and access to emergency care. In addition, federal law prohibits the trafficking of abortion drugs through the mail. Requiring an in-person medical evaluation before prescribing mifepristone would help protect women's health and better uphold the law.

Senator Jim Banks (R-Ind.): "The Biden Administration put politics ahead of women's safety by allowing dangerous chemical abortion drugs to be shipped through the mail without an in-person doctor visit. Reinstating these measures will help save unborn lives, protect women, and advance proper medical oversight."

Read the full brief here.

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