Some North Carolina abortion pill restrictions are unlawful, federal judge says

Some of North Carolina government's restrictions on dispensing abortion pills, such as requiring that doctors to prescribe and provide the drug to the patient in person, are unlawful because they frustrate the goal of Congress to use federal regulators to ensure the drug is distributed safely, a judge ruled on Tuesday.

U.S. District Judge Catherine Eagles in Greensboro granted a partial victory to a physician who performs abortions and who last year sued state and local prosecutors and state health and medical officials on state medication abortion regulations beyond those addressed by the U.S. Food and Drug Administration.

Other restrictions on the drug mifepristone that were challenged, however, such as requiring an in-person consultation 72 hours in advance, an in-person examination and an ultrasound before prescribing, are not preempted and can remain, Eagles wrote. That is because they have not been expressly reviewed and rejected by the FDA, or because they focus more on the practice of medicine or on general patient health, she added.

Yet some “statutory requirements of the state’s Abortion Laws stand as obstacles to Congress’ clear and manifest purpose of providing a comprehensive regulatory framework for safe use and distribution of higher-risk drugs run by the FDA,” wrote Eagles, a court nominee of President Barack Obama. She asked the parties to propose written judgments and injunctions for the case within a few weeks.

GOP legislative leaders didn’t immediately respond to an email seeking comment. The ruling could be appealed.

Dr. Amy Bryant, the physician who sued, said Wednesday that she was pleased with Eagles' decision involving restrictions “that second-guess or interfere with the FDA’s expert