LAFAYETTE, LA.— A state judge in Louisiana will hear arguments Thursday morning about a bill that would make two commonly used drugs used to cause abortions “controlled dangerous substances.” This is the first time that such a law has been used in this state.
Misoprostol and mifepristone are being sued by people who say that reclassifying them could cause needless and potentially life-threatening delays in treatment during medical emergencies. The drugs are used for more than just ending pregnancies; they are also very important for reproductive health care.
The lawsuit, which was filed in October, says that the law might make it harder for people to get “proven, effective remedies necessary for their treatment and care” and make it take longer for people to get “lifesaving treatment for people experiencing obstetrical emergencies.” Plaintiffs want the judge to issue a permanent order, which would stop the law from going into effect.
The defendants want the judge to throw out the case. One of the people being sued is Liz Murrill, who is the attorney general of Louisiana. She told The Associated Press that she is excited to “defend this law vigorously” in court.
Louisiana has one of the toughest laws against abortion in the country. Last year, it was the first state to make the two pills more dangerous. The bill’s passage by the Legislature, which is mostly made up of Republicans, was a new way for conservatives to try to limit access to abortion pills. About two-thirds of all abortions in the country in 2023 were done with medicine.
The bill came about because of anti-abortion groups and a Republican state senator’s desire to stop forced abortions and make it harder for bad people to get the drugs. The senator brought up the case of his sister in Texas in 2022, whose husband gave her seven misoprostol pills without her knowledge. The baby lived. In the last 15 years, news outlets have written about cases like this, but none in Louisiana. The problem doesn’t seem to affect many people, though.
“Las vegas’ lawmakers made it very clear last year that they support life and don’t want this controlled substance to be given out without a doctor’s prescription,” Murrill said.
Before the change, people in Louisiana still needed a prescription to get mifepristone and misoprostol. Before the change, medical professionals told The Associated Press that the drugs—which are also used to treat miscarriages, start labor, and stop bleeding—were usually kept in an OB-GYN unit’s “hemorrhage box” in the room, on the delivery table, or in a nurse’s pocket so that they could be reached quickly in common emergencies.
The pills were changed by the new law to be “Schedule IV drugs,” which means they are now in the same group as opioids like tramadol and other drugs that can be addicting. Because of the new classification, there are more steps to take and stricter rules about how to store the goods. Doctors who were against the bill stressed that the drugs would be moved down the hall and put in locked cases or other places that might make them harder to get to in emergencies where every second counts.
The higher rating also means that the charges are higher. Someone could be fined up to $5,000 and jailed for one to five years if they are caught with mifepristone or misoprostol without a legal prescription for any reason. Certain parts of the law protect pregnant women who get the drug without a prescription and take it on their own.
Lawyers for a doctor, a pharmacist, the Birthmark Doula Collective (a group of people trained to care for pregnant women before, during, and after birth), Nancy Davis (a woman who was denied an abortion in Louisiana and had to travel out of state for one after learning her fetus would not survive), and a woman who said she was turned away from two emergency rooms instead of being treated for a miscarriage are among the plaintiffs.
The lawsuit that wants to stop the law for good is being heard by a judge in Baton Rouge’s 19th Judicial District Court. The state’s request to throw out the lawsuit is likely to be the main topic of Thursday’s meeting.