Judge Catherine Eagles ruled state laws “preventing access” to at-home abortion pills “conflicted” with the authority of the Food and Drug Administration on June 3, essentially ruling the state cannot overrule the FDA.
Judge Eagles wrote state laws “frustrate the congressional goal of establishing a comprehensive regulatory framework under which the FDA determines conditions for safe drug distribution that do not create unnecessary burdens on the health care system or patient access,” according to The Hill.
The ruling “prevents” North Carolina from “requiring” abortion pills be prescribed and picked up in person – they can be sent through the mail. The ruling also protects people from being prosecuted for violating the laws, according to The Hill.
However, Judge Eagles upheld some restrictions, such as requiring an in-person consultation before obtaining a prescription and an ultrasound. Attorney General Josh Stein (D), an abortion advocate, contended to the restrictions because they were already “preempted” by the FDA. Stein released a statement on June 4 stating that the ruling “ helps women regain some control over their personal health care decisions.”
Attorney General @JoshStein_ released the following statement after a judge entered an order yesterday striking down unconstitutional provisions in NC’s anti-abortion law (SB20) that made it more difficult for women to access medication abortion: https://t.co/TLE2gLrE4p pic.twitter.com/19PZQalK7e
— NC Attorney General (@NCAGO) June 4, 2024
The ruling is not certain yet. According to The Hill, the defendants, the state House Speaker, and the Senate leader can still appeal it. The Supreme Court is also planning to hear a separate case regarding the abortion pill mifepristone this term, and the Supreme Court’s ruling could “impact” the North Carolina case.
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