So Much for Leaving Abortion Up to the States
The state of Louisiana is seeking to block the distribution of mifepristone, a drug used to induce abortion, through the mail, not just in Louisiana, but anywhere in the United States. The lawsuit against the FDA asserts that the Comstock Act bans the mailing of abortion medication, and that the federal government wrongly repealed the in-person requirement for prescribing it. The case has implications for access to abortion across the country, with potential consequences for states with differing abortion laws.
- ▪Louisiana's lawsuit against the FDA is attempting to block the distribution of mifepristone nationwide, not just in Louisiana.
- ▪The Comstock Act, an anti-obscenity law, is being cited as the basis for banning the mailing of abortion medication.
- ▪Medication abortion accounts for about two-thirds of all abortions in the United States, and has increased since the Dobbs decision.
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| Publication time | 2026-06-14T07:31:00-04:00 |
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IdeasSo Much for Leaving Abortion Up to the StatesLouisiana’s case against the FDA is not just about one drug.By Adam SerwerIllustration by The Atlantic. Source: Getty.June 14, 2026, 7:31 AM ET ShareSave The 2022 Dobbs decision, which overturned Roe v. Wade, supposedly gave states the authority to decide for themselves whether to permit abortion. What should have been apparent then, and is obvious now, is that anti-abortion activists and their allies on the high court were never going to be satisfied with that.Since October, the state of Louisiana has been seeking to block the distribution of mifepristone, a drug used to induce abortion, through the mail—not just in Louisiana, but anywhere in the United States.
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