FRC's Tony Perkins' Statement on SCOTUS Ruling in Danco Laboratories v. Louisiana and GenBioPro v. Louisiana

WASHINGTON, May 14, 2026 /PRNewswire/ -- Today, the U.S. Supreme Court released a short order in Danco Laboratories v. Louisiana and GenBioPro v. Louisiana, granting a further stay of the 5th Circuit ruling, which in effect will continue the Biden-era abortion by mail policy.

Louisiana is expected to seek an expedited ruling from the 5th Circuit in defense of state law and the well-being of Louisiana citizens. 

Justices Thomas and Alito issued separate dissents from the Supreme Court order, with Justice Thomas observing "as Louisiana argued below, it is a criminal offense to ship mifepristone for use in abortions. . . . Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise. They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes." Justice Alito's dissent discusses how states trying to protect life are being undermined by the activities or enterprises like Danco and GenBioPro, observing that "Louisiana's efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana's and seek to undermine their enforcement."

Family Research Council president Tony Perkins, a former Louisiana state representative, released the following statement in reaction:

"The Court's action today perpetuates the Biden-era murder by mail policy that undermines the right of states to protect life and endangers women. This policy, left in place by the Trump FDA has driven an estimated 21% increase in abortion. 

"The fight for life will not stop, and I am confident the state of Louisiana will not back down from their responsibility to uphold their duly enacted laws protecting the unborn. For those who were hoping the Court would kick this can down the road, the Court did-- right into the fall's election. 

"We will continue to do all we can, including working with Congress, to call attention to the horrors that lie beneath mail order abortion.

"And we continue to call upon the FDA to immediately suspend mifepristone and its generic forms from the market, while it rapidly conducts a transparent, scientifically unbiased assessment of their risks and safety-- ideally resulting in their permanent removal from the market.

"We also call upon the DOJ to enforce the Comstock Act, as noted by Justice Thomas in his dissent, thereby safeguarding the constitutional authority of the states to enact and enforce pro-life laws.

"Finally, we urge President Trump to recall the victory of federalism in abortion policy in Dobbs brought about by his excellent Supreme Court appointments. His Department of Justice must now support that decision and the ability of states to enact their own abortion laws without interference from other states. Justice Alito is correct here," Perkins concluded.  

SOURCE Family Research Council