Some North Carolina abortion pill restrictions are unlawful, federal judge says
A federal judge has ruled that some of North Carolina government’s restrictions on dispensing abortion pills — such as requiring that only doctors provide the drug — are unlawful
RALEIGH, N.C. (AP) — Some of North Carolina government's restrictions on dispensing abortion pills — such as requiring that only doctors provide the drug — are unlawful because they frustrate the goal of Congress to use regulators to ensure the drug is distributed safely, a federal judge ruled on Tuesday.
U.S. District Judge Catherine Eagles in Greensboro granted a partial victory to a physician who performs abortions and last year sued state and local prosecutors and state health and medical officials.
Other restrictions on the drug mifepristone that were challenged, however, such as requiring an in-person consultation 72 hours in advance and an in-person examination before a prescription, are not preempted, Eagles wrote. That is because they have not been expressly reviewed and rejected by the U.S. Food and Drug Administration, or because they focus more on the practice of medicine and potential pregnancy-related health issues, she added.
Republican legislative leaders who joined the lawsuit to defend the restrictions argued the FDA hadn't received specific powers to set regulations on abortion drugs across the nation. While Eagles agreed, she added there was nothing to indicate that Congress had given the FDA less authority to regulate the use and distribution of mifepristone compared to any other drug upon which it had power to alter and reduce restrictions if found to be safe.
