Greer Donley
@greerdonley.bsky.social
Prof @PittLaw, writing about abortion rights, pregnancy loss & other repro issues. Views my own. Bylines @NYT @Atlantic & more
Pinned
Greer Donley
@greerdonley.bsky.social
· Dec 1
My latest article, “A Non-Person Theory of the Fetus,” is finally online (forthcoming in Boston College Law Review). I have been thinking about this paper’s very tricky question for nearly 4 years, and I’m relieved it’s finally out in the world. 🧵👇 papers.ssrn.com/sol3/papers....
Reposted by Greer Donley
NEW: After doctors sent her home with a racing heart, Ciji Graham came to believe the best way to protect her health was to end her pregnancy.
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
A Pregnant Woman at Risk of Heart Failure Couldn’t Get Urgent Treatment. She Died Waiting for an Abortion.
In a state that had legislated its commitment to life, Graham spent her final days struggling to find anyone to save hers.
www.propublica.org
January 14, 2026 at 11:27 AM
NEW: After doctors sent her home with a racing heart, Ciji Graham came to believe the best way to protect her health was to end her pregnancy.
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
Great NYT piece showing that despite massive changes in law & policy after Dobbs, the # of abortions have increased every year. That could change quickly, but is quite remarkable. ⭐ quotes from @dsc250.bsky.social @carolejoffe.bsky.social @ushma.bsky.social & others. www.nytimes.com/2025/12/09/u...
Three Years After Dobbs, ‘the Reality Is People Are Getting Abortions’
www.nytimes.com
December 10, 2025 at 1:43 PM
Great NYT piece showing that despite massive changes in law & policy after Dobbs, the # of abortions have increased every year. That could change quickly, but is quite remarkable. ⭐ quotes from @dsc250.bsky.social @carolejoffe.bsky.social @ushma.bsky.social & others. www.nytimes.com/2025/12/09/u...
If the Trump FDA does eventually tighten abortion pill regulation, all of these public quotes that identify it as a political decision will only make the arbitrary & capricious challenge stronger... bloomberg.com/news/articles/2025-12-08/fda-slow-walking-a-long-awaited-abortion-pill-safety-study
FDA Slow Walking a Long-Awaited Abortion Pill Safety Study
The Food and Drug Administration has delayed a promised review of safety data for the abortion drug mifepristone at Commissioner Marty Makary’s request to put it off until after the midterm elections,...
bloomberg.com
December 10, 2025 at 1:35 PM
If the Trump FDA does eventually tighten abortion pill regulation, all of these public quotes that identify it as a political decision will only make the arbitrary & capricious challenge stronger... bloomberg.com/news/articles/2025-12-08/fda-slow-walking-a-long-awaited-abortion-pill-safety-study
My latest article, “A Non-Person Theory of the Fetus,” is finally online (forthcoming in Boston College Law Review). I have been thinking about this paper’s very tricky question for nearly 4 years, and I’m relieved it’s finally out in the world. 🧵👇 papers.ssrn.com/sol3/papers....
December 1, 2025 at 3:35 PM
My latest article, “A Non-Person Theory of the Fetus,” is finally online (forthcoming in Boston College Law Review). I have been thinking about this paper’s very tricky question for nearly 4 years, and I’m relieved it’s finally out in the world. 🧵👇 papers.ssrn.com/sol3/papers....
Reposted by Greer Donley
Just saw this @greerdonley.bsky.social piece on SSRN. Haven't read it yet (downloaded!) but from the abstract it looks smart & interesting. In utero embryo fetus as property. I've LONG been irked by the law's unwillingness to call human "stuff" (not humans) property.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
A Non-Person Theory of the Fetus
If the fetus is not a constitutional person, what is it constitutionally? This Article tackles this exceptionally challenging question through an abortion-right
papers.ssrn.com
November 26, 2025 at 5:14 PM
Just saw this @greerdonley.bsky.social piece on SSRN. Haven't read it yet (downloaded!) but from the abstract it looks smart & interesting. In utero embryo fetus as property. I've LONG been irked by the law's unwillingness to call human "stuff" (not humans) property.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Greer Donley
Excited to be part of tomorrow’s Fordham Law symposium on my amazing colleague @dsc250.bsky.social’s important new book with the wonderful Carole Joffe about how abortion providers have navigated the challenges of the post-Dobbs landscape. Join us! fordham.zoom.us/webinar/regi...
November 20, 2025 at 10:19 PM
Excited to be part of tomorrow’s Fordham Law symposium on my amazing colleague @dsc250.bsky.social’s important new book with the wonderful Carole Joffe about how abortion providers have navigated the challenges of the post-Dobbs landscape. Join us! fordham.zoom.us/webinar/regi...
Reposted by Greer Donley
In a recent @jama.com viewpoint, CONVERGE’s @greerdonley.bsky.social + colleagues breakdown how 2 legal cases about mifepristone could have broad implications for FDA authority, state drug regulation, and biomedical innovation long term. jamanetwork.com/journals/jam...
#fda #mifepristone #research
#fda #mifepristone #research
November 19, 2025 at 2:41 PM
In a recent @jama.com viewpoint, CONVERGE’s @greerdonley.bsky.social + colleagues breakdown how 2 legal cases about mifepristone could have broad implications for FDA authority, state drug regulation, and biomedical innovation long term. jamanetwork.com/journals/jam...
#fda #mifepristone #research
#fda #mifepristone #research
Reposted by Greer Donley
It's not safe to be pregnant in Texas. Especially since everyone knew this would be the result of an abortion ban.
But also, let's not forget - one of the 90+ doctors could have averted this. They are not off the hook just because Texas's law caused this.
But also, let's not forget - one of the 90+ doctors could have averted this. They are not off the hook just because Texas's law caused this.
NEW:
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
“Ticking Time Bomb”: A Pregnant Mother Kept Getting Sicker. She Died After She Couldn’t Get an Abortion in Texas.
Walker is one of several women ProPublica found with underlying health conditions who died when they couldn’t access abortions.
www.propublica.org
November 19, 2025 at 2:15 PM
It's not safe to be pregnant in Texas. Especially since everyone knew this would be the result of an abortion ban.
But also, let's not forget - one of the 90+ doctors could have averted this. They are not off the hook just because Texas's law caused this.
But also, let's not forget - one of the 90+ doctors could have averted this. They are not off the hook just because Texas's law caused this.
Another preventable and tragic death because of Texas’s abortion ban. It reminds me of a quote from People v Belous, the 1969 California Supreme Court case that invalidated CA’s abortion ban before Roe. Though the ban had a life exception, the court still found that:
NEW:
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
“Ticking Time Bomb”: A Pregnant Mother Kept Getting Sicker. She Died After She Couldn’t Get an Abortion in Texas.
Walker is one of several women ProPublica found with underlying health conditions who died when they couldn’t access abortions.
www.propublica.org
November 19, 2025 at 1:36 PM
Another preventable and tragic death because of Texas’s abortion ban. It reminds me of a quote from People v Belous, the 1969 California Supreme Court case that invalidated CA’s abortion ban before Roe. Though the ban had a life exception, the court still found that:
Reposted by Greer Donley
informative article with this hopeful kernel from @greerdonley.bsky.social :“Mifepristone manufacturer Danco Laboratories last year confirmed ongoing efforts to add miscarriage management as an approved use to its drug label. Were that to happen, it could be a game changer for access.”
A shift in mifepristone regulation could dramatically change abortion access throughout the country, and health advocates and litigators are closely watching how the FDA justifies any changes.
By @sofiaresnick.bsky.social / @statesnewsroom.com
www.newsfromthestates.com/article/fdas...
By @sofiaresnick.bsky.social / @statesnewsroom.com
www.newsfromthestates.com/article/fdas...
FDA’s abortion-pill safety review under growing scrutiny
The U.S. Food and Drug Administration is facing increasing pressure from abortion opponents and advocates over how it regulates a drug that has become central to abortion access since Roe v. Wade was ...
www.newsfromthestates.com
November 18, 2025 at 9:28 PM
informative article with this hopeful kernel from @greerdonley.bsky.social :“Mifepristone manufacturer Danco Laboratories last year confirmed ongoing efforts to add miscarriage management as an approved use to its drug label. Were that to happen, it could be a game changer for access.”
Reposted by Greer Donley
Update on the interstate conflict over abortion. A NY court sided with a county clerk who refused to enter a motion to enforce Texas's judgment against a NY doctor. Why? The state's shield law prohibits him from helping Texas in its suit against NY doctor acting lawfully under NY's shield statute.
October 31, 2025 at 10:25 PM
Update on the interstate conflict over abortion. A NY court sided with a county clerk who refused to enter a motion to enforce Texas's judgment against a NY doctor. Why? The state's shield law prohibits him from helping Texas in its suit against NY doctor acting lawfully under NY's shield statute.
Reposted by Greer Donley
Great thread about the good decision in Hawaii yesterday. Too much attention has been paid to the antiabortion challenges to mife and not enough to the prochoice challenges to its overregulation.
There's this case and two other federal cases - in Washington and in Virginia.
There's this case and two other federal cases - in Washington and in Virginia.
Good News that sounds like bad news: The District of Hawaii just found the FDA's 2023 mifepristone REMS modification unlawful and arbitrary & capricious! It's good news b/c the case was brought by medical orgs & docs arguing that FDA failed to justify why it kept strict & unnecessary REMS elements.
October 31, 2025 at 1:38 PM
Great thread about the good decision in Hawaii yesterday. Too much attention has been paid to the antiabortion challenges to mife and not enough to the prochoice challenges to its overregulation.
There's this case and two other federal cases - in Washington and in Virginia.
There's this case and two other federal cases - in Washington and in Virginia.
Finishing up arbitrary and capricious review for leg-reg this morning, where I had students read the 5CA alliance opinion w FDA's SCOTUS brief. Now my students can be really confused! Courts have found the mife REMS a&c b/c FDA failed to justify why it shouldn't have been stricter AND more lenient.
Good News that sounds like bad news: The District of Hawaii just found the FDA's 2023 mifepristone REMS modification unlawful and arbitrary & capricious! It's good news b/c the case was brought by medical orgs & docs arguing that FDA failed to justify why it kept strict & unnecessary REMS elements.
October 31, 2025 at 12:23 PM
Finishing up arbitrary and capricious review for leg-reg this morning, where I had students read the 5CA alliance opinion w FDA's SCOTUS brief. Now my students can be really confused! Courts have found the mife REMS a&c b/c FDA failed to justify why it shouldn't have been stricter AND more lenient.
Good News that sounds like bad news: The District of Hawaii just found the FDA's 2023 mifepristone REMS modification unlawful and arbitrary & capricious! It's good news b/c the case was brought by medical orgs & docs arguing that FDA failed to justify why it kept strict & unnecessary REMS elements.
October 31, 2025 at 1:42 AM
Good News that sounds like bad news: The District of Hawaii just found the FDA's 2023 mifepristone REMS modification unlawful and arbitrary & capricious! It's good news b/c the case was brought by medical orgs & docs arguing that FDA failed to justify why it kept strict & unnecessary REMS elements.
Reposted by Greer Donley
👇👇
Now in @jama.com: @greerdonley.bsky.social, Lewis Grossman & I explain that these preemption cases, while specifically about mifepristone, have implications for FDA and state drug regulation, biomedical innovation, and patient access more generally.
jamanetwork.com/journals/jam...
Now in @jama.com: @greerdonley.bsky.social, Lewis Grossman & I explain that these preemption cases, while specifically about mifepristone, have implications for FDA and state drug regulation, biomedical innovation, and patient access more generally.
jamanetwork.com/journals/jam...
October 29, 2025 at 3:02 PM
👇👇
Now in @jama.com: @greerdonley.bsky.social, Lewis Grossman & I explain that these preemption cases, while specifically about mifepristone, have implications for FDA and state drug regulation, biomedical innovation, and patient access more generally.
jamanetwork.com/journals/jam...
Now in @jama.com: @greerdonley.bsky.social, Lewis Grossman & I explain that these preemption cases, while specifically about mifepristone, have implications for FDA and state drug regulation, biomedical innovation, and patient access more generally.
jamanetwork.com/journals/jam...
Curious what the 4th Circuit's opinion in GenBioPro v. Raynes means for state mifepristone regulation? Check out my new piece with @pzettler.bsky.social & Lewis Grossman in JAMA. We argue that preemption arguments are not dead, even though the court upheld WVA's abortion ban. 1/2
October 28, 2025 at 6:51 PM
Curious what the 4th Circuit's opinion in GenBioPro v. Raynes means for state mifepristone regulation? Check out my new piece with @pzettler.bsky.social & Lewis Grossman in JAMA. We argue that preemption arguments are not dead, even though the court upheld WVA's abortion ban. 1/2
This is bad, but also interesting how hard republicans are having to work to pressure the FDA under Trump to make any changes to the mife regulation (litigation, appeals from AGs, senators, religious leaders, etc.) Suggests to me that they don't think it's already coming?
NEW: 51 Senators urge RFK Jr. and Marty Makary to end telemedicine prescriptions of the abortion drug mifepristone— and to suspend its distribution as an "imminent hazard" under Federal Food, Drug, and Cosmetic Act. Collins and Murkowski only GOP members not to sign
justthenews.com/sites/defaul...
justthenews.com/sites/defaul...
October 9, 2025 at 8:11 PM
This is bad, but also interesting how hard republicans are having to work to pressure the FDA under Trump to make any changes to the mife regulation (litigation, appeals from AGs, senators, religious leaders, etc.) Suggests to me that they don't think it's already coming?
Reposted by Greer Donley
I think LA thinks it's found a great plaintiff for standing purposes here. But they haven't. For very clear reasons -- someone injured in the past like this doesn't have standing for future-looking injunctive relief.
This woman can sue for damages for harm she suffered, but not for an injunction.
This woman can sue for damages for harm she suffered, but not for an injunction.
First, there is second plaintiff, a LA woman, who is arguing that her boyfriend coerced her to take abortion pills, which would have been prevented with in-person dispensing. We have heard her story before, so it's not new, but previous litigation against FDA didn't have an actual patient.
October 9, 2025 at 3:53 PM
I think LA thinks it's found a great plaintiff for standing purposes here. But they haven't. For very clear reasons -- someone injured in the past like this doesn't have standing for future-looking injunctive relief.
This woman can sue for damages for harm she suffered, but not for an injunction.
This woman can sue for damages for harm she suffered, but not for an injunction.
Reposted by Greer Donley
Good thread
NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.
October 9, 2025 at 3:53 PM
Good thread
Reposted by Greer Donley
Great thread about the "new" case challenging FDA allowing mailed abortion pills.
NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.
October 9, 2025 at 3:52 PM
Great thread about the "new" case challenging FDA allowing mailed abortion pills.
NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.
October 9, 2025 at 3:50 PM
NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.
Reposted by Greer Donley
@autonomynews.co received a tip yesterday about concerns that the FDA seemed to have made some sort of change regarding mifepristone.
As it turns out, it wasn’t bad news—a new generic has been approved.
As it turns out, it wasn’t bad news—a new generic has been approved.
NEW: On Tuesday, FDA approved a new generic for mifepristone from Evita Solutions. The FDA also modified the shared REMS for mifepristone to include the new generic. You can see the company's announcement here: www.evitasolutionsllc.com
Evita Solutions - Generic Mifepristone Available Today
Evita Solutions LLC's FDA-approved generic Mifepristone Tablets, 200 mg for safe, effective medical abortion up to 70 days.
www.evitasolutionsllc.com
October 2, 2025 at 12:53 PM
@autonomynews.co received a tip yesterday about concerns that the FDA seemed to have made some sort of change regarding mifepristone.
As it turns out, it wasn’t bad news—a new generic has been approved.
As it turns out, it wasn’t bad news—a new generic has been approved.
Reposted by Greer Donley
This is bonkers. The antiabortion movement has put a full court press on FDA to restrict mifepristone, and everyone is on edge that it will do so.
So what does FDA do? It approves a new generic mifepristone without changing anything about the restrictions.
Thank you RFK? ?!?!
So what does FDA do? It approves a new generic mifepristone without changing anything about the restrictions.
Thank you RFK? ?!?!
NEW: On Tuesday, FDA approved a new generic for mifepristone from Evita Solutions. The FDA also modified the shared REMS for mifepristone to include the new generic. You can see the company's announcement here: www.evitasolutionsllc.com
Evita Solutions - Generic Mifepristone Available Today
Evita Solutions LLC's FDA-approved generic Mifepristone Tablets, 200 mg for safe, effective medical abortion up to 70 days.
www.evitasolutionsllc.com
October 2, 2025 at 12:43 PM
This is bonkers. The antiabortion movement has put a full court press on FDA to restrict mifepristone, and everyone is on edge that it will do so.
So what does FDA do? It approves a new generic mifepristone without changing anything about the restrictions.
Thank you RFK? ?!?!
So what does FDA do? It approves a new generic mifepristone without changing anything about the restrictions.
Thank you RFK? ?!?!
NEW: On Tuesday, FDA approved a new generic for mifepristone from Evita Solutions. The FDA also modified the shared REMS for mifepristone to include the new generic. You can see the company's announcement here: www.evitasolutionsllc.com
Evita Solutions - Generic Mifepristone Available Today
Evita Solutions LLC's FDA-approved generic Mifepristone Tablets, 200 mg for safe, effective medical abortion up to 70 days.
www.evitasolutionsllc.com
October 2, 2025 at 12:30 PM
NEW: On Tuesday, FDA approved a new generic for mifepristone from Evita Solutions. The FDA also modified the shared REMS for mifepristone to include the new generic. You can see the company's announcement here: www.evitasolutionsllc.com
I think David is exactly right, although I guess if I had to try to read the crystal ball, I'd lean in the direction that Trump will eventually do something on mifepristone. But it's unclear what, and it could take years. This letter buys them time to figure it out & make the political calculation.
I still maintain that this is exactly what you would write if:
1) You were studying the matter and looking to restrict mifepristone.
OR
2) You had no intention to study the matter or restrict mifepristone but wanted the people nagging you to get off your back.
I have no crystal ball.
1) You were studying the matter and looking to restrict mifepristone.
OR
2) You had no intention to study the matter or restrict mifepristone but wanted the people nagging you to get off your back.
I have no crystal ball.
As I was saying... Susan B. Anthony Pro-Life America blasted out a letter obtained by Gateway Pundit (lol) in which RFK and Marty Makary tell Republican AGs that they "will conduct a study on the safety" of current abortion pill regulations, namely allowing telemed RX
sbaprolife.org/newsroom/pre...
sbaprolife.org/newsroom/pre...
September 24, 2025 at 7:16 PM
I think David is exactly right, although I guess if I had to try to read the crystal ball, I'd lean in the direction that Trump will eventually do something on mifepristone. But it's unclear what, and it could take years. This letter buys them time to figure it out & make the political calculation.