Wagner Center Asks SCOTUS to Stop Mail-Order Abortions

Before More Women Are Harmed

This week, the Wagner Center joined Advancing American Freedom (AAF) and other pro-life leaders in filing two amicus briefs before the United States Supreme Court in Louisiana v. FDA—a case that strikes at the heart of both constitutional government and the protection of vulnerable women.

At issue is the FDA’s reckless 2021 decision to allow the abortion drug mifepristone to be prescribed and distributed without an in-person physician visit. In practical terms, the federal government opened the door for dangerous mail-order abortions with virtually no meaningful medical oversight.

Louisiana challenged that policy—and rightly so.

Last week, the Fifth Circuit Court of Appeals sided with the State, temporarily halting the FDA’s mail-order abortion scheme while the litigation proceeds. Predictably, abortion drug manufacturers rushed to the Supreme Court seeking emergency relief. Justice Samuel Alito responded with a temporary administrative stay, giving the Court time to determine whether the Fifth Circuit’s ruling should remain in place.

The stakes could not be higher.

This is not a bureaucratic dispute over FDA procedure. It is a constitutional and moral reckoning. The FDA’s actions trample the rights reserved to the states under the Tenth Amendment while exposing women to profound physical and emotional harm.

Consider the heartbreaking case of Louisiana resident Rosalie Markezich. Rosalie did not want an abortion. Yet her boyfriend obtained abortion pills through the mail from a California abortion provider and coerced her into taking them. Her story reveals the terrifying reality of what happens when abortion drugs are treated like ordinary consumer products rather than dangerous chemical agents with life-altering consequences.

And Rosalie is not alone.

A recent Wall Street Journal investigation documented growing reports nationwide of coercion, deception, and abuse involving mifepristone. These cases expose the false narrative that mail-order abortion drugs somehow empower women. In truth, they often leave women more isolated, more vulnerable, and more endangered.

The Supreme Court now faces a critical test. Will it permit unelected federal regulators to override state authority and ignore mounting evidence of harm? Or will it reaffirm that states retain both the constitutional authority and moral responsibility to protect women and unborn children?

The Wagner Center will continue standing with other pro-life advocates to defend constitutional federalism, protect women from exploitation, and uphold the sanctity of every human life—born and unborn.