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Abortion Pill North Carolina
FILE - Protesters on both sides of the issue hold signs as North Carolina House members debate, May 16, 2023, in Raleigh, N.C. On Monday, June 3, 2024, a federal judge permanently blocked some efforts in North Carolina to restrict how abortion pills can be dispensed, saying they are unlawfully in conflict with the authority of the U.S. Food and Drug Administration. But she allowed other state laws to remain in effect, granting only a partial victory to a doctor who sued. (AP Photo/Chris Seward, File)

Federal judge blocks some rules on abortion pills in North Carolina

A federal judge has permanently blocked some efforts in North Carolina to restrict how abortion pills can be dispensed

By Gary D. Robertson
Published - Jun 04, 2024, 06:17 PM ET
Last Updated - Jun 04, 2024, 07:06 PM EDT

RALEIGH, N.C. (AP) — A federal judge has permanently blocked some efforts in North Carolina to restrict how abortion pills can be dispensed, saying they are unlawfully in conflict with the authority of the U.S. Food and Drug Administration. But she allowed other state laws to remain in effect, granting only a partial victory to a doctor who sued.

The injunction entered Monday by U.S. District Judge Catherine Eagles in Greensboro gives permanence to her April 30 ruling that some of North Carolina’s regulations on medication abortion have been preempted by decisions of federal drug regulators that determined they were not needed.

The order Monday means North Carolina cannot require that only doctors prescribe the pills; that the drugs be provided to the patient only in person; and that the patient schedule a follow-up appointment. It also prohibits state and local prosecutors, state health and medical officials and other defendants from enforcing such rules or penalizing people who don't follow them with criminal, civil and professional penalties.

Congress delegated authority to the FDA to scrutinize the use of mifepristone, which the agency approved in 2000 to end pregnancy when used in combination with a second drug, misoprostol. The FDA expressly determined that restrictions similar to North Carolina's were no longer necessary, based on evaluations of their safe distribution and use, Eagles wrote in April.

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