Republicans in the Louisiana state house passed a bill Tuesday that would designate the abortion pills mifepristone and misoprostol as a "controlled dangerous substance" and punish people holding these pills if they do not hold a prescription, The New York Times reported. According to the bill, violators "shall be imprisoned with or without hard labor for not less than one year nor more than five years," in addition to fines.
Under the proposed law, someone who is themselves pregnant would be exempt from imprisonment and fines, but anyone who helps them obtain abortion pills would be at risk of prosecution. For non-pregnant individuals who are taking precautions, or volunteers who provide pills to under-served communities, the bill represents an escalation from punishing people for actual abortions to targeting those who are merely preparing for the possibility.
Lower-income women are expected to be hit hardest, as they have more difficulty accessing hospitals to provide necessary care. And doctors, noting that misoprostol is often used to treat miscarriages, induce labor and stop obstetric hemorrhaging, fear that — in a state with one of the country's highest maternal mortality rates — the legislation could put lives at risk by sowing confusion and prolonging the delivery process during medical emergencies.
"Imagine being in labor, and your O.B. says, ‘Oh, you need misoprostol to ripen your cervix so we can progress labor safely,’ and that woman thinks, Wait, why is she giving me the dangerous drug?” Dr. Jennifer Avegno told the Times, warning that the law could mislead people into thinking that abortion pills will poison them.
The GOP bill, which is backed by anti-abortion groups like Louisiana Right to Life, defies decades of medical research and patient data that has found the two pills to be overwhelmingly safe. While the U.S. Food and Drug Administration (FDA) does not consider abortion pills to be drugs with the potential for dependence or abuse, Republican lawmakers and judges have used that excuse to undermine access.
Last April, Trump-appointed federal judge Matthew Kacsmaryk suspended FDA approval of mifepristone, which is used in more than half of U.S. abortions and was first approved for use more than 20 years ago. The case is being appealed to the Supreme Court.
The Louisiana bill, which passed the House 66-30, goes to the Republican-controlled Senate next. If it passes there, Republican governor and anti-choice stalwart Jeff Landry is widely expected to sign it into law.
