North Carolina Judge Rules Some Abortion Pill Restrictions Unlawful, Allows Others to Remain

A federal judge in North Carolina has ruled that some of the state's restrictions on dispensing abortion pills are unlawful, as they frustrate the goal of Congress to ensure the safe distribution of the drug by the FDA. U.S. District Judge Catherine Eagles granted a partial victory to a physician who performs abortions, finding that requirements such as only allowing doctors to provide the drug mifepristone are preempted by federal law.

However, the judge allowed other restrictions to remain in place, including the need for an in-person consultation 72 hours in advance and an in-person examination before a prescription. Judge Eagles noted that these requirements are not expressly preempted by the FDA's regulations and focus more on the practice of medicine and general patient health.

The ruling comes amid ongoing legal battles over access to medication abortion following the Supreme Court's decision overturning Roe v. Wade last year. Mifepristone, approved by the FDA in 2000 to end pregnancy when used in combination with a second drug, misoprostol, has become a target for anti-abortion activists and lawmakers seeking to limit its availability.

Why this matters: The case highlights the tension between state and federal authority over the regulation of FDA-approved drugs, particularly in the context of abortion access. The ruling could have implications for similar restrictions in other states and the ongoing efforts to challenge or defend such measures in court.

The lawsuit was filed by Dr. Amy Bryant, an OB-GYN professor at the University of North Carolina School of Medicine who provides abortion services. Dr. Bryant argued that North Carolina's laws re-implemented some restrictions that had been previously removed by the FDA, creating unnecessary barriers for patients seeking medication abortions.

The state's Republican legislative leaders defended the restrictions, contending that the FDA did not have the power to set regulations on abortion drugs nationwide and that the state laws were necessary to protect women's health and safety. However, Democratic Attorney General Josh Stein, an abortion rights supporter, did not defend the challenged restrictions in court, believing they were preempted by the FDA's regulations.

Judge Eagles has asked the parties to propose written judgments and injunctions for the case within a few weeks. The ruling could be appealed, and the implications for providing care to patients in North Carolina are still being reviewed. "This is a significant victory and brings us one step closer to a world where people can access the care they need without unnecessary barriers or delay," said Dr. Bryant in response to the decision.

Key Takeaways

• Federal judge ruled some NC abortion pill restrictions unlawful, preempted by FDA.
• Judge allowed other restrictions like in-person consultation to remain, citing patient health.
• Ruling highlights tension between state and federal authority over FDA-approved drugs.
• Lawsuit filed by OB-GYN who argued NC laws created unnecessary barriers for patients.
• Ruling could be appealed, with implications for abortion access in North Carolina.