Louisiana at forefront of abortion pill battle; US attorney general says states can't ban drug

A new Louisiana law that makes it a criminal offense for a company to send abortion pills through the mail puts the state at the forefront of the battle over drug-induced abortions.

Louisiana's trigger law could make most abortions illegal, including those induced by the drugs mifepristone and misoprostol, but Slidell Republican Sen. Sharon Hewitt's bill signed by Democratic Gov. John Bel Edwards allows the prosecution of companies that send it through the mail.

The drugs have been approved by the Food and Drug Administration for 20 years to be used to safely abort pregnancies up to 10 weeks. Last year the FDA dropped its requirement for the drug to be dispensed during an in-person visit to a medical professional.

Hewitt emphasized her bill exempts pregnant women who take the abortion pills from being prosecuted.

"The next battle is over abortion pills," Hewitt told USA Today Network. "With my bill on the books, Louisiana is able to immediately shut down dangerous, do-it-yourself mail order abortion pills from being sent directly to moms."

More: Abortion in Louisiana is illegal immediately after Supreme Court ruling: Here's what it means

Last week's Supreme Court reversal of Roe v. Wade set the stage for the battle. A Louisiana trigger law briefly banned abortions immediately, but a New Orleans state judge temporarily blocked that ban Monday pending a hearing.

President Joe Biden's administration indicated it will try to stop states from banning the pill used for a drug-induced abortion.

U.S. Attorney General Merrick Garland said: "States may not ban mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy."

But Hewitt said the new law doesn't ban the drug for other legitimate uses, "just for illegal abortions."

Read this: Louisiana Governor John Bel Edwards signs abortion ban with no exceptions for rape, incest

Louisiana already required women to take the drugs in the presence of the doctor who prescribes and dispenses them, but Hewitt said her bill "puts teeth into the criminal and civil penalties" for companies who send the pills through the mail.

She conceded enforcement will be difficult, but Hewitt said investigative units like Louisiana Attorney General Jeff Landry's cyber crime unit could be effective.

There are 19 states like Louisiana that require women to make an in-person visit to obtain the drugs rather than through telehealth prescriptions online, according to the Guttmacher Institute.

A nonsurgical medication abortion involves swallowing mifepristone, which causes an embryo to detach from the uterine wall. A second pill, misoprostol, is used two days later to cause contractions and push the embryo out of the uterus.

Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1 

This article originally appeared on Lafayette Daily Advertiser: Louisiana at forefront of abortion pill battleground with new law