Greer Donley
@greerdonley.bsky.social
Prof @PittLaw, writing about abortion rights, pregnancy loss & other RJ issues. Mom. Kansan. Views my own. Bylines @NYT @Atlantic & more
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Greer Donley
@greerdonley.bsky.social
· Feb 6
From Medical Exceptions to Reproductive Freedom
The intense focus on pregnancy complications since the Supreme Court overruled <i>Roe v. Wade </i>has created some risks. Highlighting sympathetic abortion stor
papers.ssrn.com
Thrilled to announced that @dsc250.bsky.social & my latest, "From Medical Exceptions to Reproductive Freedom" was just accepted by Michigan Law Review!! papers.ssrn.com/sol3/papers....
Thread on the paper below:
Thread on the paper below:
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.
Reposted by Greer Donley
🚨 Vote 11/4! -> State supreme court decisions determine our rights & freedoms! And we get to decide who makes those decisions! whyy.org/articles/pen...
Pa. Supreme Court justices join panel to push back against campaign to oust them
The three Democratic justices argued that partisanship does not guide their decisions. They face an unprecedented effort to unseat them.
whyy.org
September 10, 2025 at 1:50 PM
🚨 Vote 11/4! -> State supreme court decisions determine our rights & freedoms! And we get to decide who makes those decisions! whyy.org/articles/pen...
Maria Rojas, a midwife in TX, was arrested in June for allegedly providing illegal abortions. But the indictment only has details about 1 case, which shows that Rojas was providing miscarriage care ‼️ The witness says Rojas prescribed misoprostol b/c she thought the pregnancy was not viable.
September 10, 2025 at 4:53 PM
Maria Rojas, a midwife in TX, was arrested in June for allegedly providing illegal abortions. But the indictment only has details about 1 case, which shows that Rojas was providing miscarriage care ‼️ The witness says Rojas prescribed misoprostol b/c she thought the pregnancy was not viable.
Reposted by Greer Donley
The KU Law Review is putting on a fantastic symposium this fall (10/17) entitled State Constitutions in Times of Federal Uncertainty. Schedule and registration link can be found here: law.ku.edu/academics/ha...
Please share widely! We hope you can join us.
Please share widely! We hope you can join us.
2025 Kansas Law Review Symposium | KU School of Law
October 17, 2025 | KU School of Law
law.ku.edu
September 8, 2025 at 3:13 PM
The KU Law Review is putting on a fantastic symposium this fall (10/17) entitled State Constitutions in Times of Federal Uncertainty. Schedule and registration link can be found here: law.ku.edu/academics/ha...
Please share widely! We hope you can join us.
Please share widely! We hope you can join us.
If the fetus is not a person under the constitution, what else might it be? I attempt to answer that question in my newest article, "A Non-Personhood Theory of Fetus," which is now forthcoming in Boston College Law Review. It's by far the hardest thing I've ever written. Hope to get it online soon!
August 25, 2025 at 3:45 PM
If the fetus is not a person under the constitution, what else might it be? I attempt to answer that question in my newest article, "A Non-Personhood Theory of Fetus," which is now forthcoming in Boston College Law Review. It's by far the hardest thing I've ever written. Hope to get it online soon!
Just received a letter that my promotion to full professor is now official! Huzzah! 🎉 My career would be nothing without the support I've received from mentors, colleagues, collaborators, friends, and family. I'm so grateful for all the people who have lifted me up and helped me get here. ❤️
July 31, 2025 at 3:27 PM
Just received a letter that my promotion to full professor is now official! Huzzah! 🎉 My career would be nothing without the support I've received from mentors, colleagues, collaborators, friends, and family. I'm so grateful for all the people who have lifted me up and helped me get here. ❤️
Reposted by Greer Donley
NEW TODAY: Ken Paxton has filed a writ of mandamus in NY state court seeking to enforce the Texas court order against NY's abortion shield doctor.
Attorney General Ken Paxton Takes Legal Action Against New York County Clerk Stopping Radical Abortionist from Facing Justice
Attorney General Ken Paxton has filed a legal petition against the New York Acting County Clerk for Ulster County, Taylor Bruck, to ensure that the radical abortionist who sent abortion-inducing drugs...
www.oag.state.tx.us
July 28, 2025 at 4:34 PM
NEW TODAY: Ken Paxton has filed a writ of mandamus in NY state court seeking to enforce the Texas court order against NY's abortion shield doctor.
Reposted by Greer Donley
BREAKING: Federal judge bars enforcement of the part of Tennessee's "abortion trafficking" law that criminalizes "recruiting" minors to obtain abortions on First Amendment grounds, finding that the law is unconstitutionally overbroad b/c it criminalizes communication about lawful abortions.
![MEMORANDUM OPINION AND ORDER
In the wake of Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), Tennessee's trigger ban took effect and prohibited abortion with limited medical emergency exceptions. Tenn. Code Ann. § 39-15-213. A few years later, in 2024, Tennessee enacted a law to prohibit "abortion trafficking of a minor." Id. § 39-15-201(a). The law makes it a crime to
"intentionally recruit|]... a pregnant unemancipated minor" in Tennessee "for the purpose of" obtaining an abortion that would be illegal in Tennessee. Id. But § 39-15-201 does not merely bar recruitment of minors to facilitate illegal abortions in Tennessee; it bars recruitment of minors
to facilitate abortions "regardless" of where the procedure occurs. Id. In other words, the law
prohibits recruiting an out-of-state abortion that is entirely legal in that state, so long as it would
be illegal in Tennessee.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreidgyznwxqnnqnsbbvc7heq44mh3r6mc57y4osvc7icxnjfluovbwq@jpeg)
July 18, 2025 at 5:49 PM
BREAKING: Federal judge bars enforcement of the part of Tennessee's "abortion trafficking" law that criminalizes "recruiting" minors to obtain abortions on First Amendment grounds, finding that the law is unconstitutionally overbroad b/c it criminalizes communication about lawful abortions.
If you’re in Philly, save the date for the @womenslawproject.bsky.social annual fundraiser! WLP is a critical org fighting for abortion access and gender equity in PA. It’s going to be an awesome event!!
July 16, 2025 at 3:18 PM
If you’re in Philly, save the date for the @womenslawproject.bsky.social annual fundraiser! WLP is a critical org fighting for abortion access and gender equity in PA. It’s going to be an awesome event!!
Reposted by Greer Donley
CONVERGE's Greer Donley, JD (@greerdonley.bsky.social) co-authored an article in JAMA International. Read the authors' discussion on Shield Laws, how upending them creates barriers for people in states with abortion bans, and how recent cases are impacting providers.
jamanetwork.com/journals/jam...
jamanetwork.com/journals/jam...
Abortion Shield Laws in Action
This Viewpoint discusses the enactment of shield laws in abortion-supportive US states following the Dobbs decision.
jamanetwork.com
July 16, 2025 at 12:58 AM
CONVERGE's Greer Donley, JD (@greerdonley.bsky.social) co-authored an article in JAMA International. Read the authors' discussion on Shield Laws, how upending them creates barriers for people in states with abortion bans, and how recent cases are impacting providers.
jamanetwork.com/journals/jam...
jamanetwork.com/journals/jam...
Reposted by Greer Donley
And if you want to understand shield laws better, here's a short piece @greerdonley.bsky.social @rebouche.bsky.social and I just published in JAMA. The non-paywall draft is here.
Abortion Shield Laws in Action
In 2022, when <i>Roe v Wade</i> was on the cusp of being overturned, we wrote that “the interjurisdictional abortion wars are coming.” They have now arrived.<br
papers.ssrn.com
July 15, 2025 at 1:31 PM
And if you want to understand shield laws better, here's a short piece @greerdonley.bsky.social @rebouche.bsky.social and I just published in JAMA. The non-paywall draft is here.