RALEIGH, N.C. (AP) — A federal judge has permanently blocked some efforts in North Carolina to restrict the distribution of abortion pills, arguing they would improperly conflict with the authority of the U.S. Food and Drug Administration. But she left other state laws in place, handing only a partial victory to a doctor suing.
The preliminary injunction issued by U.S. District Judge Catherine Eagles in Greensboro on Monday makes her April 30 ruling final. According to the ruling, some of North Carolina’s medical abortion regulations were overturned by decisions by federal drug authorities that deemed these regulations unnecessary.
Monday’s order means North Carolina cannot require that only doctors prescribe the pills, that the drugs be given to patients only in person and that patients 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 imposing criminal, civil and professional penalties on people who don’t follow them.
Congress has given the FDA authority to review the exploit of mifepristone. The agency approved the drug in 2000 to terminate pregnancies when used in combination with a second drug, misoprostol. The FDA has specifically determined that restrictions like those in North Carolina are no longer necessary because the safety of the drug’s distribution and exploit has been reviewed, Eagles wrote in April.
Their order appears to mean that patients in North Carolina can now get the pills at the pharmacy — with a prescription from a nurse or physician assistant, for example, or via telemedicine — and take them at home, consistent with FDA decisions.
But Eagles also reiterated some controversial restrictions, such as requiring a 72-hour in-person consultation, an in-person exam and an ultrasound before issuing a prescription. She said these rules either have not been specifically reviewed and rejected by the FDA or are more focused on the practice of medicine or the overall health of patients.
Dr. Amy Bryant, who performs abortions and filed the lawsuit last year, said in a prepared statement that the enduring injunction “will enable improved access to safe and effective medication abortions throughout North Carolina.”
The controversial medication abortion regulations are contained in a 2023 bill passed by the Republican-dominated General Assembly that continued or expanded many previous abortion restrictions. One amendment shortened the time period for most abortions from 20 weeks of pregnancy to 12 weeks.
Tami Fitzgerald, executive director of the conservative North Carolina Values Coalition, said Tuesday the ruling “lowers the standard of care for women.” She also criticized the ruling for removing the state’s requirement to report “non-fatal side effects” related to mifepristone to the FDA, saying it would undiscovered “dangerous complications and side effects of abortion drugs.”
Democratic Attorney General Josh Stein, an abortion rights advocate who is now running for governor, did not defend the restrictions in court because he already argued they were overridden by FDA rulings. On Tuesday, he blamed Republican lawmakers for the unlawful regulations, saying, “This ruling helps women regain some control over their personal health care decisions.”
The offices of House Speaker Tim Moore and Senate Leader Phil Berger, who have joined the case to defend the laws, did not immediately respond to an email seeking comment Tuesday. They may appeal the Eagles’ order. An upcoming ruling in another case before the U.S. Supreme Court, brought by anti-abortion activists who want the justices to restrict access to mifepristone, could influence the outcome of the North Carolina litigation.
