Tessera

Greer Donley

@greerdonley.bsky.social

Prof @PittLaw, writing about abortion rights, pregnancy loss & other repro issues. Views my own. Bylines @NYT @Atlantic & more

217 Posts10702 Follower 792 Folgt

Susan Rinkunas @susanrinkunas.com · 2w ago

NEW: A federal judge ruled that FDA restrictions on the abortion drug mifepristone are scientifically unjustified in suit filed by independent clinics—says 2023 REMS is unlawful, FDA must reconsider. Louisiana suing FDA for allowing telehealth Rx in same reg storage.courtlistener.com/recap/gov.us...

screenshot from page 1 of the opinion:

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION
WHOLE WOMAN’S HEALTH )
ALLIANCE, et al., )
)
Plaintiffs, ) Civil Action No.: 3:23-CV-00019
)
v. )
)
UNITED STATES FOOD AND DRUG ) By: Hon. Robert S. Ballou
ADMINISTRATION, et al., ) United States District Judge
)
Defendants. ))
MEMORANDUM OPINION
Since 2000, the U.S. Food and Drug Administration has determined that mifepristone is a safe and effective medication for early pregnancy termination. Each time the FDA has reviewed mifepristone, it has reaffirmed its safety and efficacy.1 But the FDA has consistently imposed certain prescribing and dispensing restrictions, known as Risk Evaluation and Mitigation Strategies (“REMS”), because it concluded such restrictions were necessary to ensure that the drug’s benefits outweighed its risks. The 2023 REMS imposed by the FDA on mifepristone require that (1) prescribing pharmacies be specially certified, (2) prescribing clinicians be specially certified, and (3) prescribers and patients sign a form acknowledging the treatment and
its risks. Dkt. 78-7 at 389–92. Abortion providers in Virginia, Kansas, and Montana brought this case to challenge the 2023 REMS as excessively restrictive, unwarranted, and inconsistent with
the requirements of the Federal Food, Drug, and Cosmetic Act of 1938. The issue before this....

docket
https://www.courtlistener.com/docket/67347356/whole-womans-health-alliance-v-united-states-food-and-drug-administration/?order_by=desc
two page order https://storage.courtlistener.com/recap/gov.uscourts.vawd.128384/gov.uscourts.vawd.128384.96.0.pdf

screenshot from page 47 of the opinion:

CONCLUSION
The REMS modifications are arbitrary and capricious. The FDA has steadfastly found, over the past quarter century, that mifepristone is a safe and effective medication. The explanation for the REMS and ETASUs imposed by the FDA in 2023 does not identify the risk alleviated by the restrictions. Nor does the FDA explain how, without these restrictions, prescribing the drug becomes an intolerable risk which would require withdrawal of the drug from the market. The FDA failed to reasonably justify its 2023 REMS modification decision, disregarding substantial contrary evidence from the medical community and comparative regulatory data, and inadequately addressing the burdens imposed on providers and patients. While Plaintiffs’ claim that the FDA exceeded its statutory authority fails, the Agency’s failure to consider relevant evidence and provide a reasoned explanation renders the 2023 REMS modification arbitrary and capricious in violation of the APA and the Fifth Amendment.

two page order
https://storage.courtlistener.com/recap/gov.uscourts.vawd.128384/gov.uscourts.vawd.128384.96.0.pdf
...the Court DIRECTS the parties to file a joint status report within 10 days of this order setting forth their positions on how this case should proceed as to the constitutional claims. The remand order will be entered following determination of the status of the constitutional claims.

Greer Donley @greerdonley.bsky.social · 2w ago

I love being a part of the team helping with these amicus briefs! And always grateful to the attorneys at Covington for doing all the heavy lifting!

Ally Whelan@amwhelan.bsky.social · 2w ago

Proud to sign on this amicus brief of FDA law scholars (in support of the FDA, GenBioPro, and Danco Labs) in Louisiana v. FDA, which is now back at the 5th circ w/ Louisiana asking for a stay a stay of the 2023 mifepristone REMS.

Liza Fuentes @lizafuentes.bsky.social · 2mo ago

In 2025, 1.13 million abortions were provided in the US formal healthcare system, more than before Dobbs. Nationally, most abortions occurred in person. by December 2025, 29% of US abortions were provided via telehealth. Nearly 15,000 abortions/month were provided under shield laws by Dec 2025.

Society of Family Planning@societyfp.bsky.social · 2mo ago

The Society’s latest #WeCount report is out now, with data through Dec. 2025. This report finds that in 2025, the number of abortions provided through the formal health system remained higher than before the Dobbs decision overturned the federal right to abortion: societyfp.org/research/wec...

CONVERGE at The University of Pittsburgh @convergepitt.bsky.social · 3mo ago

This Wednesday, join @garnethenderson.com , @greerdonley.bsky.social , Beatrice Chen MD, and Christina Chang MPP as they unpack the ongoing Louisiana mifepristone litigation and what it signals for the future of reproductive health! 🔗 Register now pitt.zoom.us/meeting/regi... #mifepristone #repro

Flyer for CONVERGE Seminar "Beyond the Courtroom, Beyond the Headlines: What the Louisiana Mifepristone Case Means for the Future of Reproductive Health".

Date: Wednesday, May 20th at 4pm EST

Moderated by Garnet Henderson, Journalist & co-founder of Autonomy News

Join CONVERGE as we unpack the recent Louisiana mifepristone litigation, and explore what it signals for abortion access, FDA authority, healthcare delivery, state policy, and the future of reproductive health.

Featured speakers: Greer Donley, JD, Beatrice Chen, MD, and Christina Chang, MPP

David S. Cohen @dsc250.bsky.social · 3mo ago

Thanks for the shoutout @mjsdc.bsky.social! "They've made Sam Alito very mad" - this should go on our resumes. w/ @greerdonley.bsky.social @rebouche.bsky.social

Right. In Alito’s view, red states have absolute freedom to persecute abortion providers and patients, while blue states have no authority to protect them. It’s so obvious what he’s doing here. By the way, we should give a shout-out to the law professors who devised and promoted shield laws—David Cohen, Rachel Rebouché, and Greer Donley. They’ve made Sam Alito very mad. So don’t ever let anyone tell you law review articles don’t matter.

Cedar River Clinics @cedarriverclinics.bsky.social · 3mo ago

We deeply appreciate the law professors who championed these laws to combat the public health crisis prompted by the Dobbs decision for millions of Americans. These law professors include @dsc250, @rebouche.bsky.social, and @greerdonley.bsky.social.

David S. Cohen @dsc250.bsky.social · 3mo ago

I am really proud of the work that @rebouche.bsky.social @greerdonley.bsky.social and I did to conceive of and advocate for shield laws. They've made a huge and tangible difference for people in this country. But now we can add another thing to be proud of -- they piss off Sam Alito. Poor Sam.

Sam Alito whining about abortion shield laws. Poor Sam.

Greer Donley @greerdonley.bsky.social · 3mo ago

I'm really proud to have submitted an amicus brief to the Supreme Court today in the case concerning access to an abortion pill, mifepristone, on behalf of FDA Law Scholars. TLDR: the 5th Circuit's order is inconsistent with FDA law. Check it out 👇 www.supremecourt.gov/DocketPDF/25...

supremecourt.gov

Madison Pauly @msjpauly.bsky.social · 3mo ago

The ruling does not affect misoprostol, the second medication used with mifepristone to terminate pregnancies—and a powerful abortion drug on its own. “Abortion is too important,” says @greerdonley.bsky.social. “People are going to find ways around the law." www.motherjones.com/politics/202...

A right-wing court just moved to choke off abortion by mail

A sweeping decision threatens to unravel one of the last remaining pathways to care post-Dobbs.

motherjones.com

Garnet Henderson @garnethenderson.com · 3mo ago

NEW: The ultraconservative Fifth Circuit Court of Appeals has blocked the 2023 rule change that allowed for telemedicine prescriptions of the abortion drug mifepristone—nationwide.

Published Opinion – #119, Att. #1 in State of Louisiana v. FDA (5th Cir., 26-30203) – CourtListener.com

NON DISPOSITIVE PUBLISHED OPINION FILED. Judge: LHS, Judge: SKD, Judge: KDE; granting Motion to stay the 2023REMS under 5 U.S.C. § 705 pending appeal filed by Appellant State of Louisiana [12]; denyin...

storage.courtlistener.com

Greer Donley @greerdonley.bsky.social · 4mo ago

I'm tolerating my cringe at watching myself on video to ask you to donate to WLP today! WLP made history this week, and the future of reproductive rights depends on people supporting their work! Even if you just have a few dollars, it is all appreciated! crm.bloomerang.co/HostedDonati...

Donate to Women's Law Project

crm.bloomerang.co

Women's Law Project@womenslawproject.bsky.social · 4mo ago

Law professor & WLP Board Chair @greerdonley.bsky.social explains our big win for reproductive freedom! Donate here: crm.bloomerang.co/HostedDonati...

Maya Manian @mayamanian.bsky.social · 4mo ago

Terrific op-ed highlighting the perverse impacts of abortion bans

Greer Donley@greerdonley.bsky.social · 4mo ago

I have a new op-ed in @slate.com today w Yvette Lindgren! We argue that abortion bans are only chilling medically necessary abortions w/o effecting traditional abortion seekers, who have found other ways to access care. Bans do not work. Check it out! slate.com/news-and-pol...

Laura Helmuth @laurahelmuth.bsky.social · 4mo ago

Abortion rates in red states have not decreased, aside from medically necessary ones. Pregnancy has become much more dangerous. slate.com/news-and-pol...

Red States Thought They Could Stop Abortions. They Ended Up Stopping Only the Lifesaving Ones.

Abortion bans are failing.

slate.com

Greer Donley @greerdonley.bsky.social · 4mo ago

Red States Thought They Could Stop Abortions. They Ended Up Stopping Only the Lifesaving Ones.

Abortion bans are failing.

slate.com

Greer Donley @greerdonley.bsky.social · 4mo ago

If you are looking for a way to celebrate this win, buy tickets to our annual Pittsburgh fundraiser or just donate to Women's Law Project!! secure.qgiv.com/for/womensla...

Rights to Realities 2026

secure.qgiv.com

Greer Donley@greerdonley.bsky.social · 4mo ago

This is incredible!! So proud to be the chair of the board Women's Law Project, which has been litigating this case for nearly a decade!! This win took so much perseverance, resilience, and creativity. Congrats to @dsc250.bsky.social & @womenslawproject.bsky.social!!!

Women's Law Project @womenslawproject.bsky.social · 4mo ago

We WON our challenge to Pennsylvania's ban on Medicaid coverage of abortion!

Greer Donley @greerdonley.bsky.social · 4mo ago

David S. Cohen@dsc250.bsky.social · 4mo ago

Big abortion win in PA today - the ban on Medicaid funding is unconstitutional! AND there's a fundamental right to abortion! We won! (Though this Commonwealth Court opinion can be appealed - we'll see what our AG does.)

Greer Donley @greerdonley.bsky.social · 4mo ago

NEW: Western District of Louisiana stays case challenging mifepristone REMS while the FDA conducts its own review of the evidence. There some bad and poorly reasoned stuff in here (states have standing, etc) but I'll take the temporary win! www.aclu.org/documents/lo...

Louisiana v. FDA: Memorandum Ruling (Western District of Louisiana) | American Civil Liberties Union

aclu.org

Evan Bernick, a finite mode with a smol hooman and a lorg floof @evanbernick.bsky.social · 4mo ago

“Sauer started by offering, not statutory text or court precedents — you know, law — but instead a 1921 law review article. In response, Evan Bernick, a law professor, posted excerpts from that article to show that the solicitor general got it wrong.” www.nytimes.com/2026/04/03/o...

Opinion | Is It Legal to Bully the Supreme Court?

nytimes.com

Greer Donley @greerdonley.bsky.social · 4mo ago

So well said! 👇

Court Accountability Action@courtacctability.bsky.social · 4mo ago

Pitt Law professors: We don't see fetal personhood as a serious legal argument, but we have to take it seriously. Check out our convo on fetal personhood: what is it, why do originalists love it, and did the Original Originalists (the Founders) believe in it? www.youtube.com/watch?v=FD9v...

Greer Donley @greerdonley.bsky.social · 4mo ago

Chip Carter & I went on the video series "Legal AF" with Court Accountability to talk about our new draft, "An Originalist Critique of Fetal Personhood." We weigh in on the debate of whether we should be engaging in originalism to combat these off-the-wall arguments. www.youtube.com/watch?v=FD9v...

GOP's Own LOGIC COLLAPSES as Arguments BACKFIRE

YouTube video by Legal AF

youtube.com

Greer Donley @greerdonley.bsky.social · 4mo ago

Such a great book and so fun to get to write a response with @rebouche.bsky.social! Check it out!

David S. Cohen@dsc250.bsky.social · 4mo ago

Super excited the Fordham Law Review Online published a symposium about @carolejoffe.bsky.social and my "After Dobbs: How the Supreme Court Ended Roe But Not Abortion." It includes a short introduction from me and Carole about how resistance and resilience continues. And contributions from.... /1

Greer Donley @greerdonley.bsky.social · 4mo ago

I haven't been following the birthright citizenship case, but after spending the last year writing about fetal personhood, it strikes me that the right is trying to read birth out of the 14A in both directions. Immigrants born here shouldn't get rights but fetuses not yet born should.

Margaret H. Zhang @marzhang.bsky.social · 4mo ago

Folks in DE/PA/NJ/etc, if you're looking for a great conversation on human dignity in current times, come to Delaware Law School's Dignity Law Symposium - The Role of the State in Protecting Human Dignity - on Friday April 10! succeed.widener.edu/register/?id...

Dignity Law Symposium 2026

succeed.widener.edu

Greer Donley @greerdonley.bsky.social · 4mo ago

Yvette Lindgren & I have a new essay recently accepted by Southern California Law Review! "The Post-Dobbs Abortion Irony" explores how abortion bans only seem to be chilling medically necessary abortions while everyday abortions are increasing everywhere. 1/4 papers.ssrn.com/sol3/papers....

Jamie Fox @whatlawfoxsays.bsky.social · 5mo ago

I finally had a chance to sit down with this article. As others have noted, it is really, really good. It is hard to see how anyone can make a scholarly originalist case for fetal personhood after this. Def recommend reading it - some of my favorite parts are... 1/

Greer Donley@greerdonley.bsky.social · 5mo ago

"An Originalist Critique of Fetal Personhood" w Chip Carter is officially online (& forthcoming in U. Penn. L. Rev.)! papers.ssrn.com/sol3/papers..... We scour 19th cen. dictionaries & the context in which the 14A was ratified to discover the original public & legal meaning of "person" in 1868.

Greer Donley @greerdonley.bsky.social · 5mo ago

I can't wait to read this!

David S. Cohen@dsc250.bsky.social · 5mo ago

I'm excited about this one. @lizkukura.bsky.social and I have a new paper up on SSRN arguing that the conventional wisdom about Justice Ginsburg -- that she was an incrementalist as an attorney and judge -- is wrong. We look at her briefs, oral arguments, law review articles, and opinions. /1

Rethinking RBG’s Incrementalism

David S. Cohen & Elizabeth Kukura

When Ruth Bader Ginsburg died in September 2020, commentators piled on the laudatory adjectives to describe her career: feminist, trailblazer, icon, notorious, advocate, pioneer, and more. But amidst this string of praise frequently appeared another adjective, one that tempered the impression of Justice Ginsburg as a path-marking radical: incrementalist. This characterization of Ginsburg has a long pedigree, some of her own making, as she and others used the label throughout her career to describe a lawyer and judge who took measured steps to accomplish long-term goals.

With the frequent repetition of this particular description, it seems clear that the idea of Ginsburg as incrementalist appeals to admirers of Ginsburg’s career and legal accomplishments. For many, it may feel intuitive to read Ginsburg’s success in changing legal norms regarding sex discrimination and sex equality through a lens of incrementalism because, as social theory tells us, when legal changes outpace public opinion and conditions on the ground, backlash occurs. The incrementalist label may also accord with public perception of Ginsburg’s appearance. Her proper, conservative dress and manner combined with her modest physical stature projected quite the opposite of a firebrand or radical.

This Article challenges the traditional understanding of Ginsburg as an incrementalist. We draw on the briefs she wrote and her arguments before the Supreme Court, the positions she took as a jurist, and her own scholarly writings to suggest a more accurate assessment of Ginsburg as a bold advocate whose conviction in the justness of her cause led her to seek profound changes in American law and culture over a relatively short period of time, rather than support half-measures in pursuit of a long-term goal. Whatever the reason for the appeal of the incrementalist label, calling both lawyer Ruth Bader Ginsburg and Justice Ruth Bader Ginsb…

David S. Cohen @dsc250.bsky.social · 5mo ago

How's that happen? @greerdonley.bsky.social and I have it all here in our article from late last year: From Medical Exceptions to Reproductive Freedom.

David S. Cohen @dsc250.bsky.social · 5mo ago

A narrow but important win in Indiana. Cracks in abortion bans start small, then they grow.

Judge Blocks State from Enforcing Abortion Ban Against Religious Objectors

A judge has handed down a ruling that prevents Indiana from enforcing its near-total abortion ban against women who say the procedure is a requirement of their religious faith.

wibc.com

Greer Donley @greerdonley.bsky.social · 5mo ago