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New lawsuit challenges Louisiana's classification of abortion pills as 'controlled substances'

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New lawsuit challenges Louisiana's classification of abortion pills as 'controlled substances'


The Summary

  • A new lawsuit challenges Louisiana’s classification of abortion medications as controlled dangerous substances.
  • The suit alleges that the law creates barriers for health care workers who need to administer the pills — which have other uses besides abortions — quickly in an emergency.
  • Louisiana bans most abortions, with limited exceptions.

A group of Louisiana health care providers and reproductive rights advocates are suing the state over a new law that classifies abortion pills as controlled dangerous substances.

The law went into effect a month ago and puts mifepristone and misoprostol — the two pills involved in a medication abortion — on Louisiana’s list of “Schedule IV” drugs. The category also includes certain stimulants, sedatives and opioids.

It’s the first time a state has classified abortion pills as controlled substances. 

In Louisiana, abortion is largely banned, so the law has not had a major impact on abortion access. However, abortions are allowed in some exceptional circumstances, and doctors often prescribe mifepristone and misoprostol off-label to manage a miscarriage. Misoprostol on its own is approved, as well, to prevent stomach ulcers.

In Louisiana, classifying the medications as Schedule IV drugs means that doctors must have a special license to prescribe them and hospitals are required to store the pills in a secure location, according to Allison Zimmer, an attorney representing the plaintiffs. Anyone who possesses the medications without a prescription could face a fine of up to $5,000 and up to five years in jail. (The law includes a broad exception, however, for pregnant women who possess the medications for their own consumption.)

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The new lawsuit, filed Thursday, alleges that the law could create barriers for health care workers who need to administer mifepristone and misoprostol quickly in an emergency, thereby delaying patients’ access to the pills and creating a risk of harm. The complaint also says the law discriminates against people who need the medications, since patients with similarly severe medical needs aren’t subject to the same delays if they need other drugs. It seeks to prevent the law from being enforced.

“What it will do is just make it more dangerous to be pregnant or to have a variety of physical conditions,” Zimmer said.

The plaintiffs include a doctor, pharmacist, two reproductive rights advocates and the Birthmark Doula Collective — a doula practice that advocates for pregnant people in Louisiana. It names the state, the attorney general, the board of pharmacy and the board of medical examiners as defendants.

“The law is supposed to prevent misuse of the medications, but the real aim is to make abortion harder to access,” said Nancy Davis, one of the two advocates who brought the suit.

According to the American College of Medical Toxicology, mifepristone and misoprostol do not meet the definition of a controlled substance. The association warned in September that labeling the pills as such was “not consistent with decades of scientific evidence” and set a dangerous precedent of “politicizing pharmaceutical regulation.”

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But Louisiana Attorney General Liz Murrill maintained support for the law on Friday.

“I’m confident this law is constitutional. We will vigorously defend it,” Murrill said in a statement.

In Louisiana, abortions are allowed only in cases where a fetus is not expected to survive, or if ending a pregnancy could save a pregnant person’s life or prevent serious risk to their health.

Zimmer said the new classification for abortion pills is “an example of the state trying to demonstrate as much as possible that it is an anti-abortion state.”

The law came about as a response to a particular case in Texas involving Louisiana Sen. Thomas Pressly’s sister Catherine Herring, whose husband was accused of slipping abortion pills into her drinks. The baby survived, and Herring’s husband pleaded guilty to charges of injury to a child and assault of a pregnant person. The Louisiana law established a crime known as “coerced abortion” — intentionally giving a pregnant woman abortion pills without her knowledge or consent.

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“Ms. Herring’s courageous testimony illustrated that easy access to these drugs can be dangerous to pregnant women and exposes women to the risks of coercion, abuse, and criminal behavior,” Murrill said in a statement.

When Pressly originally introduced the bill, it did not include a classification of abortion pills as controlled substances — that was added later as an amendment, which Pressly said at the time was another step “to control the rampant illegal distribution of abortion-inducing drugs that ended up hurting my sister.”

But the new lawsuit alleges that the amendment isn’t clearly connected to the original bill and suggests that the law should be struck down altogether. Zimmer said the amendment was added “very, very late in the legislative process, at such a late date that there wasn’t a public hearing.”

The lawsuit says that Davis and another plaintiff in the suit, Kaitlyn Joshua, did not get an opportunity to testify in front of lawmakers before the law passed.

Joshua, a 32-year-old Baton Rouge resident, said she was turned away from two emergency rooms in 2022 after she started miscarrying at around 11 weeks. She worries that the policy could lead more women in Louisiana — particularly Black women — to be denied care like she was.

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“This current law I know is going to disproportionately affect women that look like me, that already live in maternal health care deserts,” Joshua said.



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Louisiana

Louisiana Considered’s most memorable interviews from 2024

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Louisiana Considered’s most memorable interviews from 2024


2024 was a busy year for Louisiana Considered. Here are some of our favorite stories and interviews, picked by our hosts.

Food historian Zella Palmer’s new podcast explores intersection of cuisine and culture

Zella Palmer, local food historian and the director and chair of Dillard University’s Ray Charles Program in African American Material Culture tells us about her new podcast, “Culture and Flavor.” She interviews chefs, restaurateurs and culture bearers in the New Orleans community who share their culinary journeys. Some guests come from as far away as South Carolina’s Gullah/Geeche islands, Canada’s Northern Territories and even West Africa. All have found an intersection between traditional Crescent City Cuisine and the meals connected to their cultures.

Our host Karen Henderson loved hearing about Zella’s childhood, and the numerous guests from around the world who shared their cuisines at her parents’ dinner table. It brought up emotions around foods from her childhood, like her grandmother’s candied sweet potatoes and her aunt’s homemade biscuits.

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Oral history project celebrates artist Clementine Hunter

Another story that stood out for Karen was about the  LSU Museum of Art’s oral history project on artist Clementine Hunter. Born in 1887, Hunter was a self-taught Black folk artist, who lived and worked on Melrose Plantation and depicted early 20th century plantation life in her work. Before her death in 1988 at the age of 101, Hunter became the first artist to have a solo show at the New Orleans Museum of Art.

LSU Museum of Art educator and public programs manager Callie Smith, and LSU graduate student and interviewer Sarah Nansubuga, told us how they used conversations with Hunter’s family to capture her story.

“As the researchers dug into Clementine’s life story, they learned things about her personality, interests and relationships that added color to her life. This wasn’t just any story about any artist. Through oral history interviews, the researchers gave us a fuller picture of who Clementine Hunter really was,” Karen said.

Baquet exhibit showcases decades of Black life in NOLA

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Diane Mack’s pick was our story about Loyola University’s College of Music and Media’s exhibit celebrating Harold Baquet, a legendary New Orleans photographer who spent 30 years capturing the city, specifically Black political figures and daily life. “A Tribute to Harold Baquet: Picturing Blackness” features Baquet’s works and the works of 10 local photographers he inspired. We spoke with L. Kasimu Harris, the photographer and exhibit curator, and Cheron Brylski, wife of the late Harold Baquet and former political speechwriter and press secretary.

In addition to Harold’s incredible talent, this conversation was personal for Diane, as she knew Harold and his wife Cheron. She would bump into them at City Hall back in the ‘80’s as a reporter covering stories for WDSU TV. It was fun to catch up on old times with Cheron, and most of all, to chat about Harold’s legacy and photos that continue to garner attention today.

Alexandria native to debut film about his hometown

Many filmmakers across the country flock to New York or LA with the goal of creating blockbuster hits in big markets. But 24-year-old filmmaker Justin Carmouche headed back to his hometown in Louisiana for his first feature film. Justin, who is also known as “Mouche,” spoke to us about his filmmaking journey and his new movie, “Alexandria.”

“Justin has been making films since he was 13! Let that sink in for a moment. He was so young when he knew filmmaking was his calling and he basically bloomed where he was planted, never forgetting his hometown of Alexandria. And he followed his dream to uplift his community through art,” Diane said.

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LSU’s Vernon Norwood reflects on journey after winning gold at Olympics

The 2024 Paris Olympics saw no shortage of impressive feats from Louisiana athletes. Of the nearly 30 competitors who went to or currently attend LSU, eight came home with medals. Track athlete Vernon Norwood came home with two, a silver in the mixed 4 x 400 relay and a gold in the men’s 4 x 400 relay – for which he was also a defending champion. Norwood spoke to us about his incredible performance and unexpected journey to the Olympics.

“He talked about using sports as his path out of the life situation he was in where he grew up. He wrote an essay about all of this called The Way Out, and how he went from not thinking he would ever attend college to landing atop an Olympic platform. He spoke about the support he had along the way, and how despite four medals, his greatest achievement is his college degree,” said host Adam Vos.

Creative writing workshop for aging storytellers

Everybody has a story to tell, but not everyone has the confidence, training or even the right words to tell it. But at the Arts Council of Baton Rouge , a new creative writing workshop encourages storytellers — specifically those 55 years old and up — to put pen to paper.

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Pam Bordelon, participant, editor and facilitator spoke to us about this workshop and the anthology of short stories recently published by participants.

Adam enjoyed hearing about the experience working with people who don’t think of themselves as writers, but learned to put pen to page. While writing can sometimes feel like a gatekept practice, Adam enjoyed learning how many participants gained the confidence to tell their stories. After all, with 55+ years of life experiences, there were no shortages of stories to tell.

‘A King Like Me’ gives intimate look at NOLA’s oldest Black Krewe

This fall saw the premiere of the documentary, “A King Like Me,” which takes an intimate look at the Zulu Social Aid and Pleasure Club, the oldest Black Krewe in New Orleans. But while the film celebrates the club’s history, it also examines some of the difficult things members have had to grapple with, like the pandemic, Hurricane Ida and gun violence. The film’s director, Matthew Henderson, and one of the stars of the film, Terrance Rice, told us about this deep dive into Zulu’s history and legacy.

Our host, Bob Pavlovich was interested to learn about Zulu’s community engagement, which has also been a part of the krewe’s tradition as a social aid and pleasure club. He was also intrigued by the krewe’s origins and inspiration from Vaudeville and Theatre, their good-natured ribbing of White Society from the very start; and their resilience, through segregation, Katrina, and the pandemic to remain a Mardi Gras mainstay.

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Lafayette man creates one of world’s hottest peppers

“Superhot: The Spicy World of Pepper People” is a new Hulu docuseries that chases so-called “chili heads” around the country as they hunt for the spiciest pepper. One of the stops is Lafayette, Louisiana, where Troy “Primo” Primeaux promotes his 7-Pot Primo as one of the hottest peppers in the world. Primo spoke to us about his creation, the world of chili pepper eating and the new Hulu series.

Bob was struck by Primo’s intensity and passion. After all, he discovered the spicy pepperworld after a career in Rock and Roll music. He needed something else that gave him the same adrenaline rush as performing on stage, and peppers filled this void.

Steve Gleason explores life, career, family and journey with ALS in new memoir, ‘A Life Impossible’

Most New Orleanians’ first memory of Steve Gleason is when the former Saints player blocked a punt against the Atlanta Falcons in the team’s first game back in the Superdome after Hurricane Katrina.

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But in the years since, Gleason’s been living with ALS, a disease that attacks nerve cells and renders patients unable to move, speak and breathe on their own. Still, Gleason has had some extraordinary accomplishments since his diagnosis, like fathering two children, founding Team Gleason, and most recently, writing a memoir, titled ‘ A Life Impossible.’ He spoke about writing a book with his eyes, and what his memoir reveals about his life, family and journey with ALS.

The interview process itself was intensely emotional for our managing producer, Alana Schreiber. She first met Steve after competing for his charity, Team Gleason, at the Crescent City Classic. Once Steve agreed to an interview, she submitted the questions weeks in advance so he would have time to prepare answers. She was invited into his home to record the interview live, where his answers were thoughtful and eye-opening. Because Alana has a friend living with ALS, this interview was all the more meaningful and she’s endlessly grateful to Steve and his family for their generosity.

LSU’s first Black homecoming queen

In November, LSU celebrated 100 years of Tiger Stadium in a game against Ole Miss. Throughout the fall, Louisiana Considered marked the centennial with a series of stories on the history of Death Valley.

Renée Boutte Myer, the first Black student to be crowned homecoming queen at LSU, spoke with our intern Martin Sullivan, about what she remembers from the night she made history.

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Why this stands out to Alana: The night Renée Boutte Myer was crowned homecoming queen was the same night as Louisiana’s gubernatorial election between David Duke and Ed Edwards. She spoke to us about being publicly recognized on an evening that was already rife with political and racial tension. She was honest about her experience, the positive memories and the more disturbing ones.





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Heart of Louisiana: Savoy Music

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Heart of Louisiana: Savoy Music


NEW ORLEANS (WVUE) – You can feel the strong Cajun tradition the moment you step inside the Savoy Music Center near the southwest Louisiana city of Eunice.

The blend of strong black coffee, the savory aroma of boudin sausage, lively conversations, and the music create an atmosphere that is unmistakably Cajun.

For more, visit the Heart of Louisiana archive here.

See a spelling or grammar error in our story? Click Here to report it. Please include the headline.

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Army Black Knights, Louisiana Tech Offensive Stars To Watch in Independence Bowl

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Army Black Knights, Louisiana Tech Offensive Stars To Watch in Independence Bowl


The Independence Bowl will be a game of offensive contrasts as the Army West Point Black Knights face the Louisiana Tech Bulldogs on Saturday at Independence Stadium.

Kickoff is set for 9:15 p.m. eastern on ESPN.

Army (11-2) enters the game using its run-based attack based on option, deception and power football. If the Black Knights don’t have 34 or 35 minutes of time of possession by game’s end, then they haven’t done their job. Army can create big plays, but the Black Knights would rather grind its opponents down to submission.

Louisiana Tech (5-7) runs a pass-based, Air Raid offense that coach Sonny Cumbie learned from one of his coaches and mentors, the legendary Mike Leach. The former Texas Tech quarterback doesn’t have the talent he needs to make it as effective as the Red Raiders’ glory days offensively. But, he’s found a quarterback that could help get him there in the coming years — if the Bulldogs can hang onto him.

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This is the transfer portal era after all.

Here are three offensive players to watch for each team going into Saturday’s contest.

QB Bryson Daily

Daily was the American Athletic Conference offensive player of the year and was sixth in Heisman Trophy voting. He is the focal point of this offense. He’s rushed for 1,532 yards and 29 touchdowns (tied for most in FBS) and has thrown for another 942 yards with nine touchdowns and four interceptions. If LA Tech wants to win, it has to slow him down. Look at the Navy tape for a template.

RB Noah Short

With Kanye Udoh’s transfer to Arizona State, the bulk of the complementary backfield work may fall to short, who was the Black Knights’ third-leading rusher this season. He rushed for 542 yards and two touchdowns but gained more yards per carry (7.7) than Udoh (6.2).

This is Daily’s swan song so he’ll get plenty of work. But Short needs to be a solid complement. He’s also one of Army’s top passing targets with 17 catches for 318 yards and three touchdowns.

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WR Casey Reynolds

Reynolds leads the Black Knights with 19 receptions for 444 yards and three touchdowns. When Daily looks for a big play down the field, count on Reynolds to be the receiver he’s looking for. It’s been that way all season.

QB Evan Bullock

He finally emerged with the starting job in late September and the freshman ended up with 1,938 yards, 14 touchdowns and two interceptions as he completed 67% of his passes. That’s a solid start in an offense that requires quick passing and high accuracy. Bullock has both, but he’s also been sacked 31 times.

RB Omiri Wiggins

The running game can be afterthought in an Air Raid offense. But Wiggins is coming off a huge game in LA Tech’s finale, as he rushed for 129 yards and three touchdowns and three interceptions against Kennesaw State. That was more than a quarter of his output this season (487 yards, four touchdowns).

WR Tru Edwards

The senior is from Shreveport, La., so this is like coming home. And he’s had a huge year for the Bulldogs. Edwards is their leading receiver by a significant margin, with 77 receptions for 897 yards and six touchdowns. He’s caught 25 passes in his last three games but hasn’t found the end zone.



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