skip to Main Content

Birthmark v. Louisiana (Louisiana)

(Case No. C-7552171)

This state case challenges a Louisiana law (Act 246) that took effect October 1, 2024, and adds mifepristone and misoprostol to Louisiana’s Controlled Dangerous Substances (“CDS”) schedules, subjecting medical professionals and their patients to a highly regulated legal scheme that will delay access to potentially lifesaving medications.  In addition to being a safe and effective way to end a pregnancy, mifepristone and misoprostol are also used to treat a wide variety of conditions – both related and unrelated to pregnancy – including postpartum hemorrhage, miscarriage management, Cushing’s Syndrome, uterine fibroids, ovarian cancer, and gastric ulcers. 

The threat this law poses to people experiencing obstetric emergencies is particularly great.  Patients experiencing postpartum hemorrhage lose as much blood and as quickly as patients experiencing a gunshot wound.  Louisiana already has one of the highest rates of maternal mortality in the nation, with Black women and girls dying from maternal causes at a substantially higher rate than their white counterparts.  Forcing hospitals to put misoprostol under lock and key will delay access during critical emergencies.   

In all circumstances, Act 246 discriminates against people with certain physical conditions in a manner prohibited under the equal protection guarantee within Louisiana Constitution’s Right to Individual Dignity. However, the legislature also did not follow the state constitution’s requirements for passing the law, resulting in lawmakers having an uninformed understanding of the medical consequences to Louisianans. 

Classifying mifepristone and misoprostol – both of which are safe and have no risk of abuse or dependency – as dangerous substances contributes to reproductive health care stigma and the criminalization of already-marginalized communities.  While Act 246 does not criminalize pregnant people who have mifepristone and misoprostol for their own use, it creates an environment of suspicion and surveillance around pregnant people and their healthcare providers.   Louisiana is also the incarceration capital of the world, historically incarcerating a greater percentage of its population than anywhere else and disproportionately incarcerating Black people.  Act 246 puts mifepristone and misoprostol in the center of a deeply dysfunctional drug enforcement system that has greatly contributed to that incarceration rate. 

Plaintiffs:

Birthmark Doula Collective; Nancy Davis; Dr. Emily Holt; Kaitlyn Joshua; Kaylee Self; Dr. Tonya Hunter; Sarah LaMothe; Dr. Rebecca Perret; Dr. Vibha Rao; Dr. Stephanie Schwartzmann; Dr. Eric Siegel

Defendants:

State of Louisiana; Louisiana Attorney General Elizabeth Murrill; Louisiana Board of Pharmacy; Louisiana State Board of Medical Examiners

Timeline and Key Documents:

Related Media: