A federal judge in North Carolina has ruled that some of the state's restrictions on dispensing abortion pills are unlawful. The judge stated that requirements such as allowing only doctors to provide the drug go against the goal of ensuring safe distribution set by Congress. The ruling was in response to a lawsuit filed by a physician who performs abortions.
However, the judge upheld other challenged restrictions, such as the need for an in-person consultation 72 hours before and an in-person examination before a prescription. These requirements were deemed not preempted as they have not been expressly reviewed and rejected by the U.S. Food and Drug Administration.
Republican legislative leaders, who defended the restrictions in the lawsuit, argued that the FDA lacked specific powers to regulate abortion drugs nationwide. While the judge agreed with this argument, she noted that Congress had not limited the FDA's authority to regulate the use and distribution of mifepristone.
Some of the restrictions in North Carolina that remain in place had already been deemed unnecessary by federal regulators, including the mandate that the drug be prescribed only by a physician and dispensed in person.
The FDA approved mifepristone in 2000 for ending pregnancy in combination with another drug, misoprostol. These pills are now used in over half of all abortions in the United States.
Attorney General Josh Stein, a Democrat and supporter of abortion rights, did not defend the additional restrictions in court, as his office believed they were preempted by the FDA. The ruling may be subject to appeal.
