Unpacking the Two New Lawsuits Over Abortion Drugs

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Above: Arkansas Attorney General Tim Griffin discusses two new federal lawsuits over abortion pills during a joint press conference in Baton Rouge with Louisiana Attorney General Liz Murrill and Alabama Attorney General Steve Marshall.

On Wednesday, the State of Arkansas joined Louisiana and Alabama in two new, multistate lawsuits over abortion drugs.

Since 2022, Arkansas law has generally prohibited abortion except to save the life of the mother, and it is a crime for an abortionist to mail abortion drugs into Arkansas. But Biden-era policies and state “shield laws” enacted by pro-abortion legislatures have made it possible for abortionists in other parts of the country to send abortion drugs like mifepristone and misoprostol through the mail into states like Arkansas.

The two new federal lawsuits that Arkansas joined on Wednesday challenge this dangerous mail-order abortion industry.

Unpacking The Lawsuit Against New York, California, and Massachusetts

The first lawsuit is against the States of New York, Massachusetts, and California. All three states have legalized abortion, and they have enacted “shield laws” that prevent abortionists in their states from being held accountable when they mail abortion drugs into states like Arkansas.

The lawsuit against these three pro-abortion states was filed as an original action with the U.S. Supreme Court — meaning the Supreme Court will decide the case directly.

The lawsuit argues that New York, Massachusetts, and California have created legal systems specifically designed to protect abortionists who break abortion laws in Arkansas, Louisiana, and Alabama. It argues that these “shield laws” are unconstitutional, and it asks the U.S. Supreme Court to strike them down.

Unpacking The Consumer Protection Lawsuit Against A Nationwide Network of Abortionists

The second federal lawsuit is a consumer protection case against 29 individuals and organizations in other states who allegedly are part of a nationwide network that ships abortion pills through the mail.

Arkansas, Louisiana, and Alabama filed this lawsuit in federal district court in Louisiana on Wednesday — meaning the case will likely have to work its way through the 5th Circuit Court of Appeals.

The lawsuit names individuals and groups associated with abortion pill providers Attorney General Tim Griffin has sent cease-and-desist letters to in the past, such as Plan C and Aid Access.

According to the attorney general’s complaint, the people and organizations named in the lawsuit:

  • Advertise abortion drugs online to residents of Arkansas, Louisiana, and Alabama
  • Designed their operations to avoid state medical and licensing requirements
  • Use brief internet questionnaires rather than in-person exams when providing abortion pills
  • Prescribe and ship abortion drugs through mail-order pharmacies or pack and mail the drugs themselves
  • Structure their operations so that prescribers remain physically outside Arkansas, Louisiana, and Alabama
  • Rely on pro-abortion “shield laws” in their home states for protection

The complaint also alleges that the defendants misrepresent or minimize abortion drugs’ risks, legality, and effectiveness. It says some advise women who experience complications from abortion pills to seek emergency treatment and lie to healthcare providers by saying they are suffering from a miscarriage.

The lawsuit argues that all of this violates deceptive trade and consumer protection laws in Arkansas, Louisiana, and Alabama, and it asks the court to hold these 29 individuals and organizations accountable.

The lawsuit also says that some or all of the defendants named in the suit may be “violating the federal Racketeer Influenced and Corruption Organizations Act (RICO) and its state law counterparts” and indicates the lawsuit may be amended if that is confirmed at a later point.

Together, these two lawsuits directly challenge “shield laws” that let abortionists hurt women and unborn children, and they give our federal court system a compelling reason to hold abortionists in other states accountable for the harm they have caused.

All of this is really good news, and we appreciate Attorney General Tim Griffin working with Louisiana Attorney General Liz Murrill and Alabama Attorney General Steve Marshall on this important issue.

Abortion drugs are dangerous. These drugs hurt women, and they kill unborn children.

Research from the Ethics and Public Policy Center shows 11% of women experience serious health complications from abortion pills — including sepsis, infection, and life-threatening hemorrhage. These drugs should not be available at all — much less through the mail without an in-person visit with a doctor. That is why Family Council is encouraging pro-lifers everywhere to ask the federal government to stop letting abortionists deliver abortion drugs through the mail.

We are confident our federal courts ultimately will recognize how dangerous these drugs are and let states like Arkansas enforce their pro-life laws.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Arkansas Attorney General Joins Legal Actions Against Pro-Abortion States and Abortionists

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FOR IMMEDIATE RELEASE
Wednesday, September 30, 2026

Little Rock, Ark. – On Wednesday, state attorneys general for Arkansas, Louisiana, and Alabama announced an original action against the States of New York, California, and Massachusetts before the U.S. Supreme Court as well as a federal lawsuit against individuals and companies allegedly involved in distributing abortion pills nationwide. The original action asks the U.S. Supreme Court to strike down pro-abortion “shield laws” that prevent authorities in pro-life states from prosecuting abortionists in other states who send abortion drugs through the mail.

In a statement, Family Council President Jerry Cox said, “This is good news. Abortion is generally prohibited in Arkansas except to save the life of the mother, and it is against the law to send abortion drugs through the mail. But abortionists in other states are breaking the law by mailing these drugs to women in states like Arkansas. States like New York and California passed ‘shield laws’ that protect these abortionists. Arkansas needs to be able to enforce its pro-life laws, and we hope the U.S. Supreme Court will let Arkansas do exactly that.”

Cox said there is no doubt that abortion drugs are dangerous. “Last year the experts at the Ethics and Public Policy Center released the largest study ever conducted on abortion drugs. They found that abortion drugs are at least 22 times more dangerous than the drugs’ labeling indicates. Nearly 11% of women who take these drugs experience serious health complications like sepsis, infection, and life-threatening hemorrhage. Abortion drugs hurt women and kill unborn children. They should not be available at all, much less through the mail without a doctor.”

Cox said recent criminal cases also show what happens when abortionists sell abortion pills through the mail. “We’ve seen cases in Louisiana and other states where abortion drugs were ordered online and then either given to women secretly without their knowledge or consent or where women were coerced into taking the abortion drugs. Last year, the Arkansas Legislature passed Act 485 clarifying that it is a crime to secretly give a pregnant woman abortion-inducing drugs without her knowledge or consent. When abortionists send these drugs through the mail, they put women at risk and they break good state laws that are designed to protect women. We hope our federal courts will put a stop to this dangerous industry of mail-order abortion.”

Cox praised Arkansas Attorney General Tim Griffin for his leadership on this issue. “Attorney General Griffin has sent cease-and-desist letters to abortionists in other states who mail abortion drugs into Arkansas. His office has told abortionists again and again that they are breaking the law and that his office will take action if they do not stop. Now he is following through by suing these abortionists and the states that are protecting them. Arkansans are deeply pro-life, and our elected leaders reflect that. We appreciate Attorney General Tim Griffin’s willingness to stand for life in federal court.”

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EPA to Test for Abortion Drugs in Drinking Water

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Earlier this month, the U.S. Environmental Protection Agency (EPA) announced plans to test for pharmaceuticals and other pollutants in the nation’s drinking water — including drugs that cause abortions.

In 2022, the U.S. Supreme Court overturned Roe v. Wade. As a result, abortion is prohibited in states like Arkansas except to save the life of the mother, and it is against the law to mail abortion drugs into many states. But Biden era policies and state “shield laws” enacted by pro-abortion legislatures have made it possible for abortionists in other parts of the country to send abortion drugs like mifepristone and misoprostol through the mail.

All of this has created a dangerous industry of abortion-by-mail both in Arkansas and across the nation, and it has raised concerns about whether abortion drugs may be polluting the environment or contaminating drinking water in some communities.

Family Research Council President Tony Perkins put it plainly in a statement on X when he said, “With more than two-thirds of abortions now taking place at home, unborn baby remains and abortion drugs are entering our nation’s water supply at an alarming rate. Understanding the potential impact on our drinking water is important.”

On September 9, the EPA announced that a new scientific study that would check for a large number of contaminants in drinking water — including the abortion drugs mifepristone and misoprostol.

Abortion drugs like mifepristone and misoprostol are dangerous. These drugs hurt women, and they kill unborn children.

Research from the Ethics and Public Policy Center shows 11% of women experience serious health complications from abortion pills — including sepsis, infection, and life-threatening hemorrhage.

These drugs should not be available at all — much less through the mail without an in-person visit with a doctor. If they’re polluting Americans’ drinking water, that has the potential to hurt everyone.

All of this underscores why Family Council is encouraging pro-lifers everywhere to ask the federal government to stop letting abortionists deliver abortion drugs through the mail.

Go to abortioncrimebymail.com today to ask leaders in Washington to reverse the Biden Administration’s policy of abortion-by-mail.

Our federal government needs to take immediate steps to protect Americans from abortion drugs. EPA testing is a good step, but more needs to be done. Pro-lifers can contact their leaders today and ask them to reverse the mail-order abortion policy by visiting abortioncrimebymail.com.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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