A federal judge in North Carolina blocked certain state limitations on abortion pill access while upholding others, handing abortion rights advocates in the state a split victory.
Judge Catherine Eagles, an Obama nominee, found that a state statute prohibiting access to abortion drugs for home use violated the FDA’s authority.
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Eagles said that the state regulations “frustrate the congressional goal of establishing a comprehensive regulatory framework under which the FDA determines conditions for safe drug distribution that do not create unnecessary burdens on the health care system or patient access.”
The Monday verdict forbids North Carolina from mandating the prescription and in-person pickup of abortion medicines, among other access restrictions. It also prohibits municipal prosecutors from charging anybody with breaking the law.
Eagles affirmed regulations that required an in-person consultation before acquiring a prescription and an ultrasound. She stated that the FDA did not review and reject those standards.
Dr. Amy Bryant, the plaintiff in the lawsuit and an abortion provider, said in a statement that Eagles’ finding will “allow for increased access to safe and effective medication abortion care throughout North Carolina.”
Attorney General Josh Stein (D) declined to defend the complaint, arguing that the FDA had already preempted the limits. Stein, an abortion rights champion, is the Democratic candidate for governor.
Stein stated that the ruling “helps women regain some control over their personal health care decisions.”
The defendants, as well as the state House Speaker and Senate leader, may file an appeal to the ruling. This term, the Supreme Court will consider a different case involving the abortion drug mifepristone, potentially influencing the North Carolina case.
