A federal judge in North Carolina has blocked certain state restrictions on access to abortion pills but upheld others, handing the state’s abortion rights advocates only a partial victory.
Judge Catherine Eagles, an Obama appointee, Domination State laws banning home access to abortion pills conflict with the authority of the Food and Drug Administration (FDA).
Eagles wrote that the state law “frustrates Congress’ goal of establishing a comprehensive regulatory framework that allows the FDA to determine the conditions for the safe distribution of medicines that do not place unnecessary burdens on the health care system or patient access.”
The ruling, filed Monday, blocks North Carolina from requiring people to prescribe and pick up abortion pills in person or from imposing other restrictions on access. It also blocks local prosecutors from prosecuting people for violating the law.
Among the restrictions Eagles supported were mandating an in-person consultation and ultrasound before a prescription could be filled. He said the FDA has reviewed these requirements and has not rejected them.
Dr. Amy Bryant, who provides abortion care and is a plaintiff in the lawsuit, said in a statement that the Eagles ruling will “increase access to safe and effective medication abortion care throughout North Carolina.”
Attorney General Josh Stein (D) chose not to defend the lawsuit, arguing that the restrictions had already been preempted by the FDA. Stein, an abortion rights advocate and Democratic candidate for governor, said in a statement.
Stein said the ruling “helps women regain some control over their personal health care decisions.”
The ruling could be appealed by the state’s Assembly speaker and Senate majority leader. The Supreme Court is scheduled to hear another case this term involving the abortion drug mifepristone, which could affect the North Carolina case.
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