Posted on 05/08/2024 2:46:34 PM PDT by Morgana
A judge last week overturned a portion of a North Carolina law regulating abortion pill distribution in the state.
U.S. District Judge Catherine Eagles gave a partial victory to Dr. Amy Brant, the abortionist who had sued the state, and who argued that its regulations go above and beyond the guidance of the Food and Drug Administration (FDA). In her ruling, Eagles overturned the portion of the law mandating that mifepristone be prescribed only by doctors and only in person, as well as a requirement that patients have an in-person follow-up appointment.
Eagles allowed other portions of the law to stand, including an in-person consultation 72 hours before an abortion, an in-person examination, and an ultrasound before prescribing the drug to remain, because she said the FDA had not explicitly rejected those guidelines.
“North Carolina cannot second-guess the FDA’s explicit judgment on how to manage risks from and safely prescribe, dispense, and administer REMS drugs, including mifepristone,” Eagles wrote. “The state here is imposing restrictions on who can prescribe a REMS drug and how that drug can be prescribed, dispensed, and administered. Those exact restrictions have been explicitly rejected by the FDA as unnecessary for safe administration and as unnecessary burdens on the health care system and patient access,” Eagles wrote.
Though the FDA has loosened the Risk Evaluation and Mitigation Strategy (REMS) safety protocols by eliminating the in-person dispensing requirement and enabling the abortion pill to be permanently shipped by mail, the abortion pill remains as dangerous as ever. Chemical abortion (the abortion pill) has been found to be four times more dangerous for women than a first-trimester surgical abortion. Risks include hemorrhaging, incomplete abortion, infection, and possible follow-up second surgical abortion.
The case was unusual because Democratic Attorney General Josh Stein refused to defend the law when it was challenged in the courts, instead forcing several Republican lawmakers to step up and intervene in the law’s defense. Stein doubled down on his disregard for state law in a statement following Eagles’ ruling.
“The court held that parts of North Carolina’s anti-abortion law that make it harder for women, especially in rural North Carolina, to get medication abortion are unconstitutional,” Stein said Tuesday. “Republican legislators enacted the law to control, not protect, women.”
The state’s lawmakers have not yet said whether or not they will appeal the ruling.
“Another judge again”
You are arguing that abortions should not be made easy.
I agree with you opinion on abortions but generally speaking, individual states should be able to contest an FDA regulation.
If the states decide they don’t want abortion then that also goes for the abortion pill.
A lot of times the abortion pill fails and then what? They have to do a surgical one. Most ER doctors don’t want to become abortions.
When ER doctors start to complain then things will change.
Someone explain to me how a FEDERAL judge has the authority to disrupt a State law dealing with abortion... when the SCOTUS already said it is a STATE issue - PERIOD....????
The states need to say 10th amendment - and give these ‘feral judges’ decisions the same respect the BiteMe admin gave to the SCOTUS decision on forgiveness of student loans.
“If the states decide they don’t want abortions then that also goes for the abortion pill.”
I’d just say each individual state can fight over the issues that fall under the umbrella of abortion. A state’s decisions are for only that state.
I fear a federal government that has too much power over states.
Tonight’s news mentioned a threat by the Federal Department of Education to some school district that it could lose federal handouts if it doesn’t obey their rules.
I’d prefer that school districts not be addicted to Federal handouts.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.