On Tuesday, Louisiana will become the first state in the U.S. to categorize two widely used abortion pills as “controlled dangerous substances.”
Opponents argue the classification could have catastrophic impacts in a state that already has a near-total abortion ban and one of the highest maternal mortality rates in the nation. Doctors fear the reclassification will cause delays in accessing the drugs — mifepristone and misoprostol — which together can be used to manage miscarriages, while misoprostol induces labor and treats severe bleeding after delivery. They also worry the practice of reclassifying the drugs might spread beyond Louisiana.
Proponents say the new law should help prevent coerced abortion, pointing to a Texas case in which a pregnant woman was given seven misoprostol pills by her husband without her knowledge; the baby survived. Over the past 15 years, news outlets have reported on similar cases — none in Louisiana — but the issue does not appear widespread.
States legalizing it are doing so because the federal government is basically turning a blind eye to the supremacy clause on that topic (for the most part). States always have the right to be more restrictive than the federal government, but when they try to make laws less restrictive, it’s technically not on solid legal ground. That said, laws only matter when they are either enforced, or blindly followed.