A group of healthcare providers and others filed a lawsuit against Louisiana on Thursday to block a law that classifies mifepristone and misoprostol—drugs used for medication abortion—as controlled substances. The law, signed by Governor Jeff Landry in May, designates these drugs as Schedule IV substances, which the government tightly regulates due to their potential for abuse or addiction.
The plaintiffs, including the New Orleans-based Birthmark Doula Collective, a doctor, a pharmacist, and women who claimed they faced denial of medically necessary treatments because of the law, filed the suit in Baton Rouge state court. Although Louisiana prohibits abortion with a narrow exception for medical emergencies, both mifepristone and misoprostol have legitimate medical uses. Healthcare providers use mifepristone to treat Cushing syndrome, a hormonal disorder, while misoprostol serves to manage miscarriage and treat postpartum hemorrhage.
The lawsuit argues that the state’s classification restricts immediate access to misoprostol for emergency physicians in delivery wards, potentially endangering patients. Birthmark stated that limiting access to essential medications like misoprostol compromises the ability to provide urgent, lifesaving care and increases risks in a healthcare system already strained by significant health inequities. The lawsuit also claims that the law violates women’s right to due process under the state constitution.
Governor Landry’s office has not yet responded to requests for comment. Mifepristone has already faced legal challenges, including a high-profile lawsuit in Texas by anti-abortion groups aiming to overturn the drug’s FDA approval. Although a trial judge initially ruled in favor of these groups, the Supreme Court later determined that they lacked standing, allowing the drug to remain on the market for now. Meanwhile, a coalition of conservative states continues its efforts to challenge mifepristone’s approval.
